--- title: "Test a Victorian firefighter cancer claim against the 15-cancer list" url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-a-firefighter-cancer-claim-against-the-presumptive-disease-list/victoria" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-WC20261023-15-VIC" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["VIC"] last_reviewed: "2026-10-25" --- # Test a Victorian firefighter cancer claim against the 15-cancer list > From the cancer, the years of service and the diagnosis date, using a firm-controlled tool, table WorkSafe's 15 cancers, the period, and whether the claim goes straight to an agent or to the advisory committee.… Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-a-firefighter-cancer-claim-against-the-presumptive-disease-list/victoria Last reviewed: 2026-10-25 Site index for agents: https://ailawframework.com/llms.txt ## Key facts | Fact | Value | | --- | --- | | Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) | | Human involvement | Yellow: Lawyer and AI draft together | | How AI is used | From the cancer, the years of service and the diagnosis date, using a firm-controlled tool, table WorkSafe's 15 cancers, the period, and whether the claim goes straight to an agent or to the advisory committee. Do not decide the presumption. | | What the lawyer must review | Decide whether the cancer, the period and the diagnosis date meet the page. Send a volunteer, vehicle and equipment worker, or surge forest firefighter to the committee question. Do not add a cancer the page does not list. Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test. | | Written for | Victoria | | Applies to | [Test a firefighter cancer claim against the presumptive disease list](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-firefighter-cancer-claim-against-the-presumptive-disease-list.md) | ## Checking plan **Verify against sources** Fifteen cancers are listed, with oesophageal cancer at 25 years and brain cancer and primary leukemia at 5 years. Diagnosis must be on or after 1 June 2016 and during service or within 10 years after it ends. A partial year counts as a full year. Career firefighters engaged by Fire Rescue Victoria or the Country Fire Authority are accepted by the agent if the three criteria are met. Volunteers, vehicle and equipment maintenance workers and surge forest firefighters go to an advisory committee on attendance at fires. Special consideration for an exceptional exposure event is available within 60 days after rejection and only after the claim has been rejected. The page does not define an exceptional exposure event. - What the AI does: From the cancer, the years of service and the diagnosis date, using a firm-controlled tool, table WorkSafe's 15 cancers, the period, and whether the claim goes straight to an agent or to the advisory committee. Do not decide the presumption. - What the lawyer does: The lawyer decides the legal question, checks the sources, and authorises anything the family or the insurer will receive. - Who reviews: Lawyer competent in statutory workers compensation - Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance. ## Checks the lawyer makes 1. Match the diagnosis to one of the 15 names, not to a cancer from another scheme. 2. Add the periods of service. Do not count the same period twice. A partial year counts as a full year. 3. Check 1 June 2016 and the 10-year post-service limit. 4. If the qualifying period fails, record that special consideration may be sought with the claim, while it is being decided, or within 60 days after rejection. Do not invent an exceptional exposure event. ## Notes - No generative-AI practice note of the Workplace Injury Commission, Medical Panels or a Victorian court was opened. Apply the forum's current direction before a document is lodged. - The page's short title for the Act omits the word Compensation. The full title is the Workplace Injury Rehabilitation and Compensation Act 2013. The Country Fire Authority scheme for a volunteer who is not a worker was not opened. The 2023 comparison table was opened and is not used for a cancer or a period the WorkSafe page does not state. - If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable. ## Practical guide Jurisdiction: Victoria, firefighter presumptive rights, WorkSafe page **Deliverable**: A presumption table: cancer, years, diagnosis date, and the committee question. **Inputs** - Pathology or diagnosis naming the cancer - Service dates with Fire Rescue Victoria, the Country Fire Authority or a forest agency - Whether the person was career, volunteer, maintenance or surge **Example**: Illustrative example: A volunteer firefighter is diagnosed with a listed cancer eight years after the last turnout, with 14 years of service towards a 15-year cancer. The table marks the 10-year diagnosis window as met and the qualifying period as short. It notes the special-consideration time. The lawyer decides whether to use it. **Stop and escalate when** - The cancer is not one of the 15. - The diagnosis date or the service dates are missing. Checked 2026-10-23. ## Sources - [WorkSafe Victoria: presumptive rights compensation](https://www.worksafe.vic.gov.au/presumptive-rights-compensation) (checked 2026-10-23) - [Safe Work Australia 29th edition, table 4.10, firefighter presumptions](https://www.safeworkaustralia.gov.au/book/comparison-wc-arrangements-29ed/chapter-4/table-4_10) (checked 2026-10-23) *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*