Oa No. 104 - Meat Inspectors And Zoonotic Diseases - Treatment Of Claims Under The Cerc Act 1988

COMCARE OPERATIONAL ADVICE NO: 104

MEAT INSPECTORS AND ZOONOTIC DISEASES ‑ TREATMENT OF CLAIMS UNDER THE CERC ACT 1988

Branch Managers

State Managers

State Operations Managers

State Rehabilitation Managers

State Review Managers

State Executive Officers

The purpose of this Operational Advice is to clarify some confusion which has arisen in relation to this matter since the issue of Operational Advice No 8.  This latest Operational Advice should be read in conjunction with Operational Advice No 8.  The content of this Operational Advice has been negotiated with the Australian Quarantine Inspection Service and the Meat Inspectors' Association.

There are two questions to be answered in relation to zoonotic diseases:

1.  Does the employee suffer a zoonotic disease? and

2.  Did the employment materially contribute to that disease, or its aggravation?

In relation to point 1, Operational Advice No 8 pointed out that there is difficulty in diagnosing and detecting zoonotic diseases.  In recognition of this and the fact that transmission of zoonotic diseases is discrete ‑ they can only be transferred from animal to animal or animal to human ‑ and having regard to the level of proof required under the Act (ie probability versus possibility), Comcare has, for some considerable time, taken the view that the benefit of any doubt as to diagnosis in these cases will be given to the claimant. Accordingly, where a diagnosis of possible zoonotic disease is made it will be accepted that the claimant does suffer a zoonotic disease.

In relation to question 2 above, it needs to be recognised that, in establishing the CERC Act 1988, the Government consciously extended the schedule of the types of diseases in relation to which the reverse onus of proof principle under section 30 of the repealed 1971 Act applied.  Consequently, the effect of sub section 7(1) of the 1988 Act and item 28 of Special Gazette No. S 365 of 30 November 1988 is that where a person suffers an occupational infection or parasitic disease and their work involves handling animals, animal carcasses etc, it shall be taken that the employment of the person materially contributed to that disease, unless the contrary can be established.

It follows that, in the case of Meat Inspectors who are exposed to an abattoir environment and suffer symptoms of a possible zoonotic disease then liability will exist in respect of the disease.

Where a zoonotic sufferer returns to an abattoir environment and suffers recurrence of symptoms of a possible zoonotic disease it will be taken that an aggravation of that disease has occurred and a fresh entitlement to 45 weeks on NWE under sub section 19 (2) will ensue.

Because item 28 of Special Gazette No S 365 applies only to a specific class of employees the application of this Operational Advice will not flow on to other classes of employees.

ROBERT KNAPP

Deputy Chief Executive

11 May 1991