22 cancer diagnoses at one fire brigade, and the law still doesn’t cover them all

The recent ABC report into the Nar Nar Goon CFA brigade has shone a spotlight on an issue that extends far beyond one regional fire station.

According to the report, 22 current and former brigade members have been diagnosed with cancer, including three who have died. While the cause of the cancer cluster remains unknown, the story raises an important question: what happens when the people who risk their health protecting our communities become seriously ill themselves?

The cancer risks firefighters face

Firefighters are regularly exposed to smoke, diesel exhaust, hazardous chemicals, and other carcinogens during emergency responses.

Medical evidence has increasingly recognised the link between firefighting and certain cancers. That's why Victoria introduced presumptive rights legislation, which allows eligible firefighters diagnosed with specified cancers to access compensation without having to prove their illness was caused by their firefighting service.

These laws recognise that some occupational diseases are difficult, if not impossible, for individuals to prove, even where the scientific evidence is well established.

How Victoria's presumptive rights legislation works

While presumptive legislation has made it easier for firefighters to access compensation for specified cancers, it doesn't cover every type of cancer linked to firefighting.

Eligibility depends on a range of legislative requirements, including whether the firefighter’s cancer is one of the types specified under the legislation, as well as factors such as length of service, diagnosis date, and other qualifying criteria. These requirements apply equally to career and volunteer firefighters.

For a firefighter diagnosed with a cancer that isn't covered by presumptive legislation, proving the disease was caused by workplace exposure remains their responsibility. As I told the ABC:

"Cancer doesn't observe legislative boundaries."

Unfortunately, the law still does.

Not all occupational cancers are recognised under the legislation

Victoria’s presumptive rights legislation applies to both career and volunteer firefighters. However, the list of cancers covered by the legislation does not include every cancer that may be linked to firefighting.

Medical research[1] continues to identify links between firefighting and various forms of cancer. As science evolves, legislation should keep pace to make sure firefighters are not left without support simply because their diagnosis is not yet on the prescribed list.

This is particularly significant for volunteer firefighters, who dedicate countless hours to protecting Victorian communities while balancing family commitments and full-time employment. They shouldn't have to face the additional burden of proving their cancer was caused by firefighting when the scientific evidence supports a link.

The compensation process shouldn't add to the burden

Being diagnosed with cancer is life changing. Treatment often involves surgery, chemotherapy, radiation therapy, and ongoing medical appointments. Families are already dealing with emotional, physical, and financial pressures.

For firefighters diagnosed with a cancer that is not covered by presumptive legislation, the added burden of proving their illness is work-related can be overwhelming.

Accessing medical evidence, obtaining expert opinions, and pursuing a compensation claim takes time, resources, and energy that many people simply don't have while undergoing treatment.

Compensation laws should support people during one of the most difficult periods of their lives, not create further obstacles.

The legislation should keep pace with the science

The Nar Nar Goon brigade's experience has prompted an important conversation about whether Victoria's current presumptive rights legislation covers enough cancer types to adequately reflect the risks firefighters face.

When firefighters develop occupational cancers, they deserve a compensation system that recognises those risks and provides timely support regardless of whether their particular cancer appears on a prescribed list.

If we ask career and volunteer firefighters to put themselves in harm’s way to protect our communities, our laws should support them when they fall ill, no matter what type of cancer they’re diagnosed with.

If you've received a cancer diagnosis after firefighting

If you've been diagnosed with cancer and believe it may be related to your firefighting service or other workplace exposure, it's important to understand your legal rights.

Even if your cancer is not one of the types covered by Victoria's presumptive rights legislation, you may still be entitled to pursue compensation depending on your individual circumstances.

We're here to help

A cancer diagnosis can bring enough uncertainty without having to navigate a complex compensation system.

If you have served as a firefighter, whether career or volunteer, and have been diagnosed with cancer, it's important to get legal advice to understand your rights and options, regardless of whether your cancer is covered by the presumptive legislation.

Our dedicated workplace disease lawyers have extensive experience helping people access compensation for occupational diseases caused by asbestos, silica, dust exposure, and other workplace hazards.

Call 1800 111 222 for confidential advice, or to see whether you may have a claim.

[1] Lee DJ, Ahn S, McClure LA, Caban-Martinez AJ, Kobetz EN, Ukani H, et al. Cancer risk and mortality among firefighters: a meta-analytic review. Front Oncol. 2023;13:1130754. doi:10.3389/fonc.2023.1130754.