QLD Introduces Presumptive Work-Related PTSD Protections

Queensland has become the third jurisdiction to introduce presumptive injury compensation for first responders who develop post-traumatic stress disorder (PTSD).

The new Bill would amend the Workers’ Compensation and Rehabilitation Act 2003 and make it easier for first responders who develop PTSD to access support and care under the state’s workers’ compensation scheme.

Importantly, the new law would mean first responders and other prescribed workers and volunteers who are simultaneously struggling to cope with PTSD, would not have to prove their injury is work-related.

It would automatically be presumed to be work-related unless an employer is able to show that the worker’s PTSD was not actually caused by their job.

Industrial Relations Minister Grace Grace said first responders were exposed daily to traumatic incidents that “most of us could never imagine.”

“Attending these types of incidents, whether it be one catastrophic event or a gradual build-up over many years, can take a toll on our first responders’ mental health.”

The changes follow an independent review of Queensland’s workers’ compensation process and national reviews into first responder mental health by Beyond Blue and a Commonwealth Senate inquiry.

A stakeholder reference group of unions, employers and WorkCover Queensland was established to develop an action plan to improve the workers’ compensation experience and mental health outcomes for first responders.

Ms Grace said the group identified several areas to improve a first responders’ experience across the whole claims process – from entry into the scheme, to improving rehabilitation and return to work opportunities.

“One significant barrier for first responders using the existing scheme was the claims determination phase, in particular the legislative test for injury,” Ms Grace said.

“Due to cumulative exposure to trauma in first responders, there is sometimes no one single event the worker can pinpoint that contributed to their condition. This could result in delays as well as unnecessary investigations.”

The revised approach is designed to make it significantly easier for first responders to come forward and seek treatment early.

“It will also go a long way to reducing the stigma first responders have about the impact of a claim on their job prospects, or how they are perceived in their workplace.” Ms Grace said.

“This new approach will apply to first responders such as police, ambulance, paramedics, firefighters, child safety officers, correctional officers, emergency nurses and medical practitioners.”

Other workers in first responder agencies whose role involves experiencing repeated or extreme exposure to traumatic events are also covered.

Last year – in an Australian first – the Tasmanian Government introduced a Bill that provided presumptive compensation to all public sector workers suffering from PTSD (see related article).

The Northern Territory also included presumptive compensation for first responders with PTSD in its recent workers’ comp overhaul.

The Federal Government said it was considering making the same provisions under the Comcare scheme earlier this year.