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10.5 Disease - date of effect on/after 13 April 2007 - S5B
If the date of effect of a disease is on or after the 13 April 2007 it will attract the new S5B definition of disease which requires a higher threshold of employment contribution – to a significant rather than material degree.
S5B defines a disease as follows:
(a) an ailment suffered by an employee; or
(b) an aggravation of such an ailment
That was contributed to, to a significant degree, by the employee's employment by the Commonwealth...
S5B(2) outlines matters which may be taken into account in determining whether the employee's employment contributed to a significant degree:
In determining whether an ailment or aggravation was contributed to, to a significant degree, by an employee's employment by the Commonwealth... the following matters may be taken into account:
- the duration of the employment;
- the nature of, and particular tasks involved in, the employment;
- any predisposition of the employee to the ailment or aggravation;
- any activities of the employee not related to the employment;
- any other matters affecting the employee's health.
This subsection does not limit the matters that may be taken into account.
Section 5B(3) defines significant degree:
Means a degree that is substantially more than material
The new higher threshold will apply to any claim where the disease (being first onset or first date of medical treatment) is on or after 13 April 2007 no matter what period of service gave rise to the disease. If, however, the disease was sustained prior to 13 April 2007 the 'material contribution' test will still apply.