Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Tasmania. Following its previous comments, the Committee notes with satisfaction the adoption of the Workers' Compensation Act, 1988, schedule 4 of which contains a list of diseases presumed to be of occupational origin in accordance with Article 2 of the Convention and its appended schedule.

2. Capital Territory. In reply to the Committee's previous comments the Government states that, contrary to its previous report, the Workmen's Compensation Act, 1951 which covers private sector employees has not been amended in respect of the schedule of occupational diseases, and that no plans exist to amend it. It adds that in its opinion there are no shortcomings in the present legislation. The Committee notes this statement. It recalls that the Workmen's Compensation Act, 1951 does not include in the list of trades, industries or processes likely to cause anthrax infection "the loading and unloading or transport of merchandise", as mentioned by the schedule appended to Article 2 of the Convention, and that as regards the federal public sector employees, a similar shortcoming was resolved by the adoption of the Commonwealth Employees Rehabilitation Compensation Act, 1988. The Committee hopes, therefore, that the Government will reconsider its position and that it will be able to take the necessary measures, in accordance with its previously expressed intention, so as to bring the list of occupational diseases and corresponding occupations, contained in the Workmen's Compensation Act, 1951 into full conformity with the Convention on this point.

3. Western Australia. The Committee notes from the Government's report that its previous comments regarding the conditions in which anthrax is recognised as an occupational disease in the Workers' Compensation and Assistance Act, 1981 were forwarded to the Western Australian Tripartite Labour Consultative Council, which should state its opinion on amending the Act in question. The Committee once again hopes that the Government will be able to amend its legislation in accordance with the Convention in the near future.

4. Queensland. Since 1963, the Committee has been calling the Government's attention to the legislation in force in this State which, unlike the Convention, does not establish a presumption of the occupational origin of the disease for workers engaged in the industries or occupations mentioned in the right-hand column of the schedule of the Convention, when they suffer from one of the conditions appearing in the left-hand column of this schedule.

The Committee notes that the new Workers' Compensation Act, 1990 which has replaced the Workers' Compensation Act, 1916, has brought no change in the legislation in that respect. The Government maintains its view that the definition of injury under the new Act covers all diseases of an occupational nature and is sufficiently broad to cover the diseases ennumerated in the Convention. In this situation the Committee is bound once again to express the hope that the Government will reconsider its position, in the light of the above-mentioned comments, so as to supplement the present workmen's compensation scheme for diseases with a double-list system, in conformity with the Convention.

5. South Australia. The Government indicates that South Australia has not yet completed its reply to the Committee's previous comments. It recalls that these comments have been pending since 1987. The Committee hopes, therefore, that the next report of the Government will indicate measures taken or contemplated to supplement the second schedule appended to the Workers' Compensation Act, 1971, as amended, by including as a process likely to cause anthrax "the loading, unloading or transport of merchandise", in conformity with the Convention.

6. New South Wales. The Committee notes that the Workers' Compensation Act of 1926 was replaced by the Workers' Compensation Act of 1987, section 19 of which provides for regulations to determine diseases deemed work related. Please indicate whether any such regulations have been issued and, if so, supply a copy of them.