Attachment A - Extract

Post-traumatic stress disorder suffered by certain employees

7(11) If:

(a) an employee has been diagnosed by a legally qualified medical practitioner or psychologist as suffering, or having suffered, from post-traumatic stress disorder in accordance with the diagnostic criteria in:

(i) the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition text revision (DSM-5-TR), published by the American psychiatric Association in 2022; or

(ii) if a later edition of the Diagnostic and Statistical Manual of Mental Disorders is specified by the Minister by legislative instrument – that later edition of the Manual; and

(b) at any time before symptoms of post-traumatic stress disorder became apparent, the employee:

(i) was employed as a first responder in accordance with subsection (13); or

(ii) was a member of a class of employees declared by the Minister, by legislative instrument made under subsection 13(A), to be a class to which this subparagraph applies;

the employee’s employment as a first responder or as a member of the class of employees declared under subsection 13(A) is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the post-traumatic stress disorder, unless the contrary is established.

7(13) For the purposes of paragraph 11(b)(i), an employee was employed as a first responder at a time if, at that time, the employee:

(a) was the 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); or

(b) was employed as a firefighter; or

(c) was employed as an ambulance officer (including as a paramedic); or

(d) was employed as an emergency services communications operator; or

(e) was a member of an emergency service (within the meaning of the Emergencies Act 2004 (ACT); or

(f) was the Australian Border Force Commissioner; or (g) was an APS employee in the Australian Border Force.

7(13A) If the Minister is satisfied that the incidence of post-traumatic stress disorder among a class of employees is significantly greater than the incidence of post-traumatic stress disorder among the general public, the Minister may, by legislative instrument declare that class of employees to be a class of employees to which subparagraph (11)(b)(ii) applies.

7(14) Subsection (11) does not limit, and is not limited by, subsections (1) and (2).