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Fair Work Legislation Amendment (First Responders)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Work & employment

What does this bill do?

Commonwealth and ACT first responders with PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. would get easier access to workers compensationThe payment and support system used when a worker is injured or made ill because of their job. because their job would be presumed to have significantly contributed unless someone proves otherwise.

Why was it introduced?

Commonwealth and ACT first responders with PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. were left having to prove their job significantly caused the illness to access workers compensationThe payment and support system used when a worker is injured or made ill because of their job.. The bill creates a rebuttable presumptionA rule that starts by assuming PTSD was work-related for listed first responders unless evidence is shown to the contrary. that PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. in specified first responder roles was significantly contributed to by employment, making compensation easier to get.

Broader context

Before this bill, Commonwealth and ACT first responders seeking workers compensationThe payment and support system used when a worker is injured or made ill because of their job. for post-traumatic stress disorderA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. had to prove their job significantly contributed to the illness, even as parliament was told these workers faced a higher risk of PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. because of repeated exposure to death, violence and injury. The bill responded by creating a rebuttable presumptionA rule that starts by assuming PTSD was work-related for listed first responders unless evidence is shown to the contrary. for specified first responder roles so claims could be accepted more easily and people could reach compensation and rehabilitation sooner. It was introduced and passed first in the Senate, then moved to the House where a motion to bring it forward was defeated.

Key criticism

The main criticism was procedural, not about helping first responders: splitting these PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. compensation measures out into a standalone bill could delay or leave behind other workplace reforms the government wanted passed with them, including wage theft and labour hire protections. That objection was raised by the Albanese government, while no party represented in the debate appears to have argued against the PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. presumption itself.

Who supported it?

Senator Jacqui Lambie introduced this bill. It was supported by Liberal Party, Nationals, Centre Alliance, some crossbench members; opposed by Labor, Greens, some crossbench members; and did not pass.

Introduced in Senate 06 Nov 2023
Passed Senate 09 Nov 2023
Failed in House 13 Nov 2023
Did not become law —

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

Did not pass

1 recorded vote before the bill stopped proceeding

Time before failure

7 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. Commonwealth and ACT first responders with PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. would get easier access to workers compensationThe payment and support system used when a worker is injured or made ill because of their job. because their job would be presumed to have significantly contributed unless someone proves otherwise.

  2. The change would cover Australian Federal PoliceThe federal police force, whose members are covered by the bill if they have PTSD linked to their work. staff, firefighters, ambulance officers and paramedics, emergency call operators, and ACT emergency service members.

  3. A worker who does not fit the bill's first responder categories could still claim compensation by proving their job significantly contributed to the illness.

  4. The minister would be able to set, by legislative instrumentA type of law-like rule made by a minister that can set the exact situations covered by the PTSD presumption., the circumstances that count as having PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. for this presumption.

  5. The new presumption would only apply to PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. sustained after the law starts, not to earlier cases.

Show source excerpts
  1. The Bill amends the SRC Act to provide a rebuttable presumption that PTSD suffered by specified first responders was contributed to, to a significant degree, by employment. The presumption will apply to employees of the Australian Federal Police, firefighters, ambulance officers (including paramedics), emergency services communications operators and other persons engaged under the Emergencies Act 2004 (ACT).
    Fair Work Legislation Amendment (First Responders) explanatory memorandum
  2. The Bill amends the SRC Act to provide a rebuttable presumption that PTSD suffered by specified first responders was contributed to, to a significant degree, by employment. The presumption will apply to employees of the Australian Federal Police, firefighters, ambulance officers (including paramedics), emergency services communications operators and other persons engaged under the Emergencies Act 2004 (ACT).
    Fair Work Legislation Amendment (First Responders) explanatory memorandum
  3. If a person does not satisfy the requirements of subsection 7(11) of the SRC Act (for example, by not meeting the definition of ‘first responder’), it remains open for the employee to otherwise establish, on the balance of probabilities, that the disease was contributed to, to a significant degree, by the employee’s employment.
    Fair Work Legislation Amendment (First Responders) explanatory memorandum
  4. Paragraph 7(11)(a) would specify that for the presumption to apply, the decision-maker must be satisfied that the employee’s post-traumatic stress disorder was suffered in accordance with a legislative instrument determined in accordance with new subsection 7(12).
    Fair Work Legislation Amendment (First Responders) explanatory memorandum
  5. Item 3 specifies that the amendments to the SRC Act would apply to post-traumatic stress disorder sustained after the commencement of the amendments. The date on which diseases are taken to have been sustained is determined in accordance with existing subsection 7(4).
    Fair Work Legislation Amendment (First Responders) explanatory memorandum

Context

Broader context for this bill

Before this bill, Commonwealth and ACT first responders seeking workers compensationThe payment and support system used when a worker is injured or made ill because of their job. for post-traumatic stress disorderA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. had to prove their job significantly contributed to the illness, even as parliament was told these workers faced a higher risk of PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. because of repeated exposure to death, violence and injury. The bill responded by creating a rebuttable presumptionA rule that starts by assuming PTSD was work-related for listed first responders unless evidence is shown to the contrary. for specified first responder roles so claims could be accepted more easily and people could reach compensation and rehabilitation sooner. It was introduced and passed first in the Senate, then moved to the House where a motion to bring it forward was defeated.

  1. 06 Nov 2023

    Parliament hears first responders face higher PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. risk

    The second reading speechThe parliamentary speech explaining why the bill is being introduced and what problem it is meant to fix. said Australia’s first responders are more likely to develop post-traumatic stress disorderA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. than the general population because of the traumatic events they regularly confront at work.

    Second reading speech ↗
  2. 06 Nov 2023

    Crossbench senators introduce bill to simplify PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. compensation claims

    The bill was introduced in the Senate with an explanatory memorandum saying it would create a rebuttable presumptionA rule that starts by assuming PTSD was work-related for listed first responders unless evidence is shown to the contrary. under the SRC ActThe Commonwealth law this bill would change so certain first responders can more easily access compensation for PTSD. so specified first responders could access workers compensationThe payment and support system used when a worker is injured or made ill because of their job. for PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. more easily.

    Parliamentary timeline ↗
  3. 09 Nov 2023

    Senate passes the first responders bill

    The Senate agreed to the bill on voices, sending the proposed PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. compensation presumption for Commonwealth and ACT first responders to the House.

    Parliamentary timeline ↗
  4. 13 Nov 2023

    Bill moves to the House

    The bill was introduced and read a first time in the House, where a later motion to bring it forward for consideration was defeated 75-61.

    Parliamentary timeline ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 06 Nov 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 06 Nov 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 09 Nov 2023

The bill reached this recorded parliamentary step.

Senate second reading agreed 09 Nov 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate third reading agreed 09 Nov 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 13 Nov 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Key criticism

The main case against this bill

The main criticism was procedural, not about helping first responders: splitting these PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. compensation measures out into a standalone bill could delay or leave behind other workplace reforms the government wanted passed with them, including wage theft and labour hire protections. That objection was raised by the Albanese government, while no party represented in the debate appears to have argued against the PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. presumption itself.

Criticism was narrow and focused on legislative sequencing rather than the policy for first responders.

Separating it could delay other reforms

The government said passing the first responder PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. measures on their own would carve them away from the broader workplace package and risk postponing other protections it saw as linked, including wage theft, industrial manslaughter and labour hire changes. This was a criticism of sequencing and legislative strategy rather than of easier PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. compensation for first responders.

Raised by The Albanese government, through Workplace Relations Minister Murray Watt Source ↗

Further sources

parlinfo.aph.gov.au ↗

Votes

Recorded votes

How the bill itself passed

These were the main recorded votes on the bill.

Defeated

First responders bill stayed off the House agenda

Aye 61 No 75

Defeated 61 to 75. Support came from Liberal Party, Nationals, Centre Alliance, and minor parties and independents. Opposition came from Labor and Greens. Minor-party and independent votes were split.

13 Nov 2023

Party Recorded votes Aye / No
Labor 0 / 63
Unknown 25 / 11
Liberal Party 20 / 0
Nationals 9 / 0
Independent 6 / 0
Greens 0 / 1
Centre Alliance 1 / 0

These are votes on the bill itself rather than amendment votes.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Unclear

Jacqui Lambie

Jacqui Lambie Network • Senator 06 Nov 2023

Lambie gives no actual speech on the Fair Work Legislation Amendment (First Responders) Bill 2023 in the material provided, so her position on that bill is unclear from this transcript.

Read in Hansard ↗
Lead opposing voice Opposes

Murray Watt

Australian Labor Party • Senator 09 Nov 2023

Watt says the government opposes this split-off bill, even though it supports the first responder measures in principle, because he wants the whole workplace package dealt with together rather than cherry-picked.

Read in Hansard ↗
Lead supporting voice Supports

Barbara Pocock

Australian Greens • Senator 09 Nov 2023

Barbara Pocock says the Greens support the bill because it improves compensation access for first responders with PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. and strengthens protections linked to family and domestic violence and other workplace safety issues.

Read in Hansard ↗
Lead non-major voice Supports

David Pocock

Independent • Senator 09 Nov 2023

Pocock supports the first responders bill and says it should pass because it will make it easier for firefighters, police, ambos and emergency services workers to get compensation for PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. caused by their work.

Read in Hansard ↗

All speeches by bloc

Labor

1 speaker · 1 oppose

  1. Murray Watt ★ Watt says the government opposes this split-off bill, even though it supports the first responder measures in principle, because he wants the whole workplace package dealt with together rather than cherry-picked.
    “We agree with Senators Lambie and Pocock that the things that are before us today are important. That is why this government, a Labor government, introduced legislation to deal with them. We've now got these crocodile tears from the opposition, who are saying: 'It's really important that we protect workers from silicosis. It's really important that we protect first responders.' They had 10 years to do something about those things, and on not one day of those 10 years did they think they were important, so give me a break with the crocodile tears. It's a Labor government that is trying to fix the very matters that are before us today—protecting workers from silicosis and death from it, looking after first responders, and all of the other things that are included in these bills today—but what we're also trying to do is to protect workers from being killed at work because of their employer's recklessness and negligence, something that apparently isn't a priority for anyone else in the chamber. That can wait till next year, apparently.”

    Australian Labor Party • Senator • 09 Nov 2023

    Read the full speech in Hansard ↗

Coalition

3 speakers · 3 support

  1. Michaelia Cash Cash says the coalition will support the first responders bill as a sensible, non-controversial measure, but argues Labor is using the PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. changes to push through the wider omnibus package too quickly.
    “Senator Pocock went through this in great detail. Those first responders who work each and every day on behalf of the Australian people see terrible things. They, quite frankly, see things that no other person should ever have to see, and on our behalf they discharge their duty each and every day. The Labor Party are prepared to pay politics in relation to the change to post-traumatic stress syndrome and the presumption that their job and what they saw actually did cause the post-traumatic stress syndrome? Wow. That's the 2023 Labor government under the current Prime Minister, Anthony Albanese.”

    Liberal Party • Senator • 09 Nov 2023

    Read the full speech in Hansard ↗
  2. Matt O'Sullivan Matt O'Sullivan supports the bill and says it should be passed now because it contains non-controversial measures that can commence immediately and help affected workers and families.
    “I rise to support these bills, and I commend Senators Lambie and David Pocock for bringing these very important matters before the Senate. As has been discussed already this morning in this debate, these bills cover elements of the overarching omnibus bill that the government has brought forward. These are the most urgent matters that relate to the bill. The argument of the government has been that every part of the closing loopholes bill is urgent and needs to be dealt with. That's their contention. If that were the case then the urgent elements they're talking about would commence with royal assent to the bill, but we know that the bill has commencement dates that are some way off into the future. The bills we're discussing here—the Fair Work Legislation Amendment (Small Business Redundancy Exemption) Bill 2023, the Fair Work Legislation Amendment (Strengthening Protections Against Discrimination) Bill 2023, the Fair Work Legislation Amendment (Asbestos Safety and Eradication Agency) Bill 2023 and the Fair Work Legislation Amendment (First Responders) Bill 2023—can all commence right away.”

    Liberal Party • Senator • 09 Nov 2023

    Read the full speech in Hansard ↗
  3. Slade Brockman Brockman supports the bill and says the Senate should pass it quickly because it is a non-controversial measure that has been sensibly separated from the government’s broader omnibus industrial relations package.
    “Senator Lambie and Senator Pocock, I congratulate you for bringing forward this set of bills, the Fair Work Legislation Amendment (Small Business Redundancy Exemption) Bill 2023, the Fair Work Legislation Amendment (Strengthening Protections Against Discrimination) Bill 2023, the Fair Work Legislation Amendment (Asbestos Safety and Eradication Agency) Bill 2023 and the Fair Work Legislation Amendment (First Responders) Bill 2023. You really did bell the cat, and we just heard from Senator Pratt the belling of the cat. The fact is that these bills are low-hanging fruit because I suspect it is very clear that the entire Senate supports them. We shouldn't take anyone's vote for granted, but it seems as though the entire Senate will support these bills through this chamber in a very quick fashion.”

    Liberal Party • Senator • 09 Nov 2023

    Read the full speech in Hansard ↗

Greens

1 speaker · 1 support

  1. Barbara Pocock ★ Barbara Pocock says the Greens support the bill because it improves compensation access for first responders with PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. and strengthens protections linked to family and domestic violence and other workplace safety issues.
    “These moves will simplify the access of workers to compensation when they're suffering from PTSD. That is such an important measure for the AFP, firefighters, ambos and emergency services communications operators.”

    Australian Greens • Senator • 09 Nov 2023

    Read the full speech in Hansard ↗

Minor parties and independents

2 speakers · 1 support · 1 unclear

  1. Jacqui Lambie ★ Lambie gives no actual speech on the Fair Work Legislation Amendment (First Responders) Bill 2023 in the material provided, so her position on that bill is unclear from this transcript.
    “That the bills be now read a second time.”

    Jacqui Lambie Network • Senator • 06 Nov 2023

    Read the full speech in Hansard ↗
  2. David Pocock ★ Pocock supports the first responders bill and says it should pass because it will make it easier for firefighters, police, ambos and emergency services workers to get compensation for PTSDA mental health condition caused by exposure to traumatic events, which is the illness this bill makes easier for first responders to claim compensation for. caused by their work.
    “I'll continue to do my bit and uphold my commitment to the people of the ACT, when it comes to the larger omnibus bill, to take each element on its merits and work on it in good faith. But that should not stop us from passing elements of this bill which have broad support and which—as Senator Cash pointed out—have an earlier start date than many of the elements in the much larger omnibus bill.”

    Independent • Senator • 09 Nov 2023

    Read the full speech in Hansard ↗

Record

Full record

Full chat