Table 4.11: Presumptive Legislation (other) | Safe Work Australia

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	Presumptive legislation	Disease	Diagnosed	Occupation
NSW	Workers Compensation Act 1987 , s 19B Workers Compensation Regulation 2016 , Part 2, clauses 5B, 5C and 5D	COVID-19	Diagnosed by a medical practitioner following a prescribed test	Prescribed employment: retail industry (other than businesses providing only on-line retail) health care sector, including ambulance officers and public health employees disability and aged care facilities educational institutions, including pre-schools, schools and tertiary institutions (other than establishments providing only on-line teaching services) police and emergency services (including fire brigades and rural fire services) refuges, halfway houses and homeless shelters passenger transport services libraries courts and tribunals correctional centres and detention centres restaurants, clubs and hotels construction industry places of public entertainment or instruction (including cinemas, museums, galleries, cultural institutions and casinos) the cleaning industry cafes supermarkets funeral homes childcare facilities
Qld	Workers’ Compensation and Rehabilitation Act 2003 , Chapter 1, Part 4, Division 6, subdivision 3BA	PTSD	Diagnosis of PTSD must be by a psychiatrist	Eligible employees working in state government departments responsible for policing, ambulance, fire and emergency services, child safety and corrective services and the following first responders: police officers and police recruits ambulance officers child safety officers (authorised officers) corrective service officers youth justice staff members firefighters, fire services officers, members of the State Emergency Service and members of rural fire brigade doctors and nurses working in emergency and trauma care; acute care; critical care; and high-dependency care coal miners and other miners who perform a miners rescue
WA	Workers’ Compensation and Injury Management Act 1981 Division 4B, section 49F Workers’ Compensation and Injury Management Regulations 1982 Part 10 =	COVID-19	Medical practitioner on the basis of a test result described in sub-regulation (6) of the Workers’ Compensation and Injury Management Regulations 1982	Employment as a health professional Employment, of any kind, in a hospital, medical practice, clinic or facility where persons attend for health related screening, testing or treatment; Employment as an ambulance officer
Workers’ Compensation and Injury Management Regulations 1982 Regulation 68	PTSD	Psychiatrist in accordance with the Diagnostic and Statistical Manual of Mental Disorders, 5th edition, published by the American Psychiatric Association in 2013 (DSM-5).	Paramedics Ambulance Officers Ambulance Communication Officers Firefighters DFES communications systems officers See Regulation 68(3) for further details.
Tas	Workers Rehabilitation and Compensation Act 1988 , s28A	PTSD	N/A	All public sector workers
NT	s 4(6)(a) Return to Work Act 1986 Return to Work Regulation : Reg 3 , Schedule 2 ,	PTSD	N/A	All work as a first responder, including as a volunteer, but not including a person trained as a first responder who has not attended in person at an emergency situation or incident
C’wealth Comcare	Safety, Rehabilitation and Compensation Act 1988 , s 7(11) to s 7(14 )	PTSD	PTSD diagnosis must be made by a legally qualified medical practitioner or psychologist in accordance with the DSM-5-TR	Employees employed as a first responder in accordance with s 7(13) which includes: Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979 A firefighter An ambulance officer (including paramedics) Emergency services communications operator Member of an emergency service (within the meaning of the Emergencies Act 2004 (ACT) The Australian Border Force Commissioner An Australian Public Service employee in the Australian Border Force Any class of employees declared by the Minister by a legislative instrument under s 7(13A)