(VIC) Include CFA Professional, Technical and Administrative Staff in Presumptive Cancer Compensation

Author: Enya Broadley, Kiri Bain, Lloyd Charlton & Ananya Awasthi | Publish date: 3/09/2025

Problem Identification: 

In VIC, Country Fire Authority (CFA) Professional, Technical and Administrative (PTA) staff are not eligible for presumptive cancer compensation.

Section 4(1) of the Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 (VIC) (the Act) does not include PTA employees in any definition of a ‘firefighter’.

According to the Australian Services Union (ASU), this means PTA employees who experience exposure to smoke and chemicals while carrying out their roles at the CFA do not receive the same presumptive cancer compensation that career and volunteer firefighters, as well as vehicle and equipment maintenance (VEM) employees, are entitled to.

Context: 

‘Presumptive rights’ under the Act refer to rights that establish that certain cancers diagnosed in eligible personnel are presumed to be work‑related, unless there is evidence to the contrary (i.e. a rebuttable presumption). This is known to simplify access to compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (VIC) (WIRC Act).

According to WorkSafe Victoria, this work-related presumption applies to career and volunteer firefighters, as well as VEM employees, provided they meet the qualifying service periods and cancer-type criteria outlined in the Act. The Act is known to cover 15 specified cancers, with different qualifying times (e.g. 10 years for breast cancer, 25 years for oesophageal cancer).

The ASU has argued that the exclusion of CFA PTA staff from the Act overlooks their comparable exposure to fire-related hazards. The ASU has also noted that ‘many of these workers stand next to other workers covered by the scheme on the fireground’. According to WorkSafe Victoria, the legislation only applies to specific roles that are considered to have sustained exposure to fire-related hazards, which justifies the rebuttable presumption of causation. However, PTA staff at the CFA who are also known to frequently work near firegrounds, exposure sites and incident-control zones, are excluded from the legal definition of ‘firefighters’ and VEM roles under the Act. The ASU has stated that this exclusion ignores the fact that PTA staff may face comparable exposure risks to carcinogens as other recognised categories. They have also argued that it ‘only serves to make support more difficult for workers’.

The ASU has emphasised that the exclusion creates inequity in access to compensation. They have highlighted that VEM workers are recognised under the Act for sufficient exposure risk, despite not being frontline firefighters, while PTA staff working alongside them remain ineligible. 

The ABC has reported that the late Simon Lund, a CFA senior technical field officer with 25 years of service, developed terminal oesophageal cancer linked by his oncologist to repeated toxic exposure. According to the ASU, Lund was denied presumptive entitlement because his role was classified as ‘IT staff’ rather than a firefighter or VEM. It is known that he was instead required to pursue conventional WorkCover claims despite the clear connection to his work.

Advice/Legal Change:

The Minister for Emergency Services should amend section 4(1) of the Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 (VIC) to expand presumptive cancer compensation eligibility to include Professional, Technical and Administrative (PTA) staff employed by the CFA. Further, amend section 4(1) to introduce a definition of PTA staff as ‘a Professional, Technical and Administrative employee means a person who is, or was, employed in duties that involve attending Emergency Incidents or who is required to attend Emergency Incidents in an Incident Management Team role or business-as-usual capacity and/or is required to work with contaminated equipment, clothing and vehicles.’

The ASU has formally called for this. They have said that this could ensure that CFA PTA staff in VIC are eligible for presumptive cancer compensation. They have argued that these workers routinely face the same exposure to smoke and carcinogens as other eligible personnel, emphasising that PTA employees, in roles essential to emergency response, should not be excluded from presumptive compensation protections. They have asserted that excluding PTA staff ‘isn’t fair for workers’.

Precedent:

If VIC were to enact this reform, it would be world-leading, to the author’s knowledge.

Download the 1-Page Brief Here - (VIC) Include CFA Professional, Technical and Administrat.

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Public Support: 

1. Australian Services Union      

News Coverage:

• ABC News - “Firefighter dies of cancer amid push to change presumptive compensation rules”. Conversation around the death of Victorian firefighter Simon Lund, who died from terminal cancer after spending his dying days campaigning for better presumptive rights for CFA employees with a terminal illness linked to their work. By: Danielle Pope and Rachael Lucas | Mon 12 May 2025 - Read the article here.

• ABC News - “Firefighter and presumptive rights campaigner Simon Lund farewelled at funeral”. Tributes flowed following the death of much-loved firefighter Simond Lund. By: Danielle Pope | Fri 23 May 2025 - Read the article here.

• ABC News - “VIDEO: Firefighter uses last days to lobby for legislative change to help workers diagnosed with terminal illnesses”. Firefighter Simon Lund and Mr Lund’s wife, Tracie, speak to the ABC about Mr Lund’s cancer diagnosis and the reasons behind their campaign to change presumptive rights legislation. No listed author | Mon 12 May, 2025 - Watch the video here.

• Australian Services Union - “Val Simon Lund, ASU life member and CFA hero”. The ASU mourns the passing of Simon Lund, remembering him as a valued delegate, member and friend. No listed author | Mon 12 May, 2025 - Read the article here.

• Maurice Blackburn Lawyers - “A life of service: honouring CFA worker Simon Lund and the battle for justice after his death”. Honouring the life of Simon Lund and his unwavering commitment to public safety. By: Ross Sottile | No listed date - Read the article here.

• Latrobe Valley Express - “Tributes flow for the CFA champion”. Conversation around Simon Lund’s life of service and his campaign for presumptive rights. No listed author | Tue 20 May 2025 - Read the article here.

  
  

Where to go to learn more: 

• Safe Work Australia - This book provides information on the operation of workers’ compensation schemes in each of the jurisdictions in Australia and New Zealand. It includes a comparative table showing the presumptive legislation for firefighters in each Australian state and territory. View the table on page 146-7 here.

• Parliament of Victoria - This is the formal petition to amend the Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 (VIC). View the petition here.

• Australian Services Union - The ASU calls for the Victorian Government to amend legislation so that CFA PTA are included in presumptive rights. View the webpage here.

• Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 (VIC) - This Act establishes a rebuttable presumption that certain cancers and diseases contracted by firefighters are due to their employment or service. Read the full Act here. Section 4 of the Act defines what a firefighter means. Find Section 4 here.

  
  

Human Perspective:

Simon Lund was diagnosed with terminal cancer after dedicating 25 years as a senior technical field officer for the CFA, a role that saw him exposed to toxic environments at some of the state's most significant fires, including the Hazelwood mine fire. Despite his doctor attributing his illness to his service, he was not covered by existing presumptive legislation because his ‘technical’ role did not fit the definition of a ‘firefighter.’ Consequently, he was forced to spend his final months fighting a bureaucratic battle to prove his WorkCover claim, a process that consumed time he desperately wanted to spend with his family. Mr. Lund's final act of advocacy was to campaign for a change to the law, articulating a crucial argument: no one should have to go through a stressful legal fight when they should be focusing on their health and family. This story was reported by the ABC and by the ASU. You can read more here: ABC News - Firefighter uses last days to lobby for law change (12 May 2025)

Conflict of interest/acknowledgment statement: 

N/a

Support 

If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com. 

Reference list: 

Australian Services Union. (2025, May 1). Sign the petition to Parliament to have CFA PTA staff included in Presumptive Rights. https://www.asuvictas.com.au/VICTAS/News/CFA_presumptive_rights.aspx 

Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 (VIC). https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/fprcafslaa2019902/ 

Parliament of Victoria. (2025). Petition Amend the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019. https://www.parliament.vic.gov.au/get-involved/petitions/amend-the-firefighters-presumptive-rights-compensation-and-fire-services-legislation-amendment-reform-act-2019/

Pope, D., & Lucas, R. (2025, May 12). Firefighter dies of cancer amid push to change presumptive compensation rules. ABC News. https://www.abc.net.au/news/2025-05-12/simon-lund-cfa-presumptive-legislation-terminal-cancer/105253378 

Safe Work Australia. (2021). Comparison of Workers’ Compensation Arrangements in Australia and New Zealand (28th ed.). https://www.safeworkaustralia.gov.au/sites/default/files/2022-10/comparison_of_workers_compensation_arrangements_in_australia_and_new_zealand_2021_swa_edits.pdf 

Volunteer Fire Brigades Victoria. (2023, Oct. 5). Presumptive Legislation Update. https://vfbv.com.au/index.php/memberservices/membership/welfareaffiliation/item/994-presumptive-legislation-update#:~:text=VFBV%20supports%20any%20efforts%20to,to%20include%20these%20additional%20cancers.&text=The%20%22Justice%20Legislation%20Amendment%20Bill%202023%22%20was%20passed%20by%20the,MP%20(Pauline%20Hanson's%20One%20Nation)

Workplace Injury Rehabilitation and Compensation Act 2013 (No.67 of 2013) (VIC). https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/num_act/wiraca201367o2013530/ 

WorkSafe Victoria. (2021). 2.6.1.9 Determining liability for firefighter cancer claims. https://www1.worksafe.vic.gov.au/vwa/claimsmanual/Claims%20Manual/2-claims-management/2-6-manage-claims/2-6-1-9-liability-firefighter-cancer-claims.htm 

WorkSafe Victoria. (2025, July 16). Presumptive rights compensation. https://www.worksafe.vic.gov.au/presumptive-rights-compensation