I am pleased to report on the positive progress made in developing the Firefighters’ Presumptive Rights Compensation Regulations 2019 and the work of VFBV in advocating strongly for CFA volunteers.
Presumptive Legislation provides a rebuttable presumption for volunteer and career firefighters suffering from specified forms of cancer. It legislates that these cancers are presumed to be due to the nature of their service as a firefighter for the purposes of claiming compensation. It is intended to reverse the onus of proof so the sick firefighter does
not have to needlessly face the almost impossible task of proving which specific fires, incidents or toxins caused the cancer.
The presumptive rights part of the legislation formed Part 2 of the Government’s Fire Services Reform Bill, and, unlike the remaining parts of the legislation, the presumptive rights portion of the Bill came into operation on the day after the Act received Royal Assent.
One of the first priorities for VFBV was to influence the Firefighters’ Presumptive Rights Compensation Regulations that were to be developed immediately following Royal Assent. While the Bill provides the framework for the law, the Regulations provide the detail and specifics that are required to give practical effect to how administrative processes
would actually work. For volunteers in particular, the Regulations are even more critical, as they deal with the workings of the controversial ‘advisory committee’ required for all Victorian volunteer firefighter claims.
VFBV’s concerns and objections to the additional barriers and processes that only volunteer firefighter claims must go through are well known and documented. I am not going to repeat them here. However, while the regulations are not able to completely cure those problems (as they have to operate within the framework of the principal legislation), we saw
an opportunity to work with Government and stakeholders to develop the regulations in such a way that could minimise the harm while hopefully mitigating the potential bias that the legislation creates. The goal was to influence the regulations as best we could to ensure volunteers received as fair and respectful treatment as possible under the circumstances.
That is why I am so pleased to report that our hard work and collaboration over many weeks with the Minister, the Hon. Lisa Neville, her staff, EMV and Worksafe on the drafting has had some positive effects. The Regulations have consequently now been made by the Governor and were given effect on 9 July. And while there were, of course, compromises along
the way, I am pleased with the result and very grateful for the hard work and good faith displayed by the Minister’s office in particular.
Discussions were very productive and respectful and gave me increased confidence that the much-needed healing of divisions of the past is on the right track.
One of VFBV’s primary objectives was to gain increased transparency in the advisory committee process and its outcomes. In this vein, the new Regulations require the advisory committee to provide its expert opinion (and the reasons for it) within 10 days of receiving the request from WorkSafe. The Regulations also now provide an opportunity for the
claimant firefighter to provide their own information to the committee should they wish to – and the firefighter can request a copy of the expert opinion and the reasons for it, which must be provided within 7 days of the request being made.
These were key criticisms of the original legislation and these changes are important safeguards that volunteers will welcome as they significantly increase the transparency and accountability of the committee.
Other areas of importance was the ability for the nomination and activation of the three person panel to be tailored to best suit the nature of the application they are to review. For example, the panel that reviews whether a volunteer firefighter has ‘attended fires to the extent reasonably necessary’ could be made up of just fire service experts, which
may be different to a panel established to review an exceptional exposure event that may requires scientific knowledge. This starts to lay the groundwork and shape the working of the panel closer to the simple ‘tick and flick’ process that was promised to us.
There is also provision for the panel to help the applicant firefighter obtain relevant records or local knowledge – an important safeguard should agency records be incomplete or insufficient.
With the Regulations now complete, VFBV’s next priority is to review the actual claims forms and process to ensure a sick firefighter is not delayed or confused by complicated paperwork. Our preliminary analysis indicates current forms are likely to be somewhat confusing for firefighters submitting a presumptive claim for cancer. This is mainly because
the forms were primarily designed to report common workplace injuries where exact causes are known. We will now direct our efforts at working with WorkSafe and CFA on possible solutions. We are also investigating options for additional support for volunteers as they go through the claims process, and I’ll report back on progress shortly.
In summary, this is a positive outcome considering our starting point, and demonstrates the value of working cooperatively and in good faith with stakeholders to achieve a good outcome.
The proof will be in the pudding so to speak, so while good progress has been made on the intent and design of administrative processes, we will need to remain vigilant and monitor the progress of future claims that will test these processes. Despite the inherent weaknesses of the legislation, we will need to see whether these measures can, in fact,
mitigate the different treatment of volunteers and career staff simply because one is paid. The ultimate measure of success will be that there is parity of results and all firefighters who go through the system receive fair, equitable and compassionate treatment. We will all need to monitor the situation closely to ensure those commitments and promises are kept.
Rob Gibbs
Most of us know the story of Rob Gibbs, who has courageously spoken up about his treatment by CFA and the authorities over the last three years as he has battled for compensation to support his medical expenses and care.
A few short years ago Rob was a healthy, active firefighter, filling key leadership roles, a regular first responder including attendance at many significant and well publicised incidents. Today Rob, 48, is wheelchair- bound and in constant pain from leukaemia. He is battling this terrible, painful illness and has clear advice from a medical specialist
that his firefighting was the primary cause. And yet he continues to be forced to battle insurers and lawyers when he should be concentrating on his health and his family. Rob has been left out in the cold because the legislation that passed Parliament in June this year contained a clause that only backdated presumptive rights to diagnoses occurring after 1 June 2016.
VFBV will continue to support and campaign strongly for Rob, who deserves a fair and just outcome – not just for himself but for his wife and young daughter. We will keep working for the best, but Rob’s experience remains a cautionary tale and one I hope gets addressed as quickly as possible – not just for the trust of CFA volunteers but for the simple
humanity, compassion and fairness that Rob is due. We will continue to monitor progress of Rob’s case and will keep you apprised.
AFAC Conference
Just a reminder that if you’re in Melbourne for this year’s AFAC Conference, pop in and say hello.
VFBV will be on Stand #595 in the exhibition space at the Melbourne Exhibition and Convention Centre in Southbank throughout the conference. Members are welcome to drop by and have a chat. We will have laptops on hand so volunteers can complete this year’s VFBV Welfare & Efficiency Survey while they are there.
