The below table lists the NSW Presumptive Cancers, the respective qualifying service period and the “date of diagnosis” from which presumptive coverage begins:
|
Category 1 - Primary Cancers diagnosed on or after 27 September 2018 |
Category 2* - Primary Cancers diagnosed on or after 06 August 2025 |
||||||
|
Disease |
Qualifying service period |
Disease |
Qualifying service period |
||||
|
Primary site brain cancer |
5 years |
Primary site pancreatic cancer |
10 years |
||||
|
Primary leukaemia |
5 years |
Primary site thyroid cancer |
10 years |
||||
|
Primary site breast cancer |
10 years |
Primary site cervical cancer |
10 years |
||||
|
Primary site testicular cancer |
10 years |
Primary site ovarian cancer |
10 years |
||||
|
Primary site bladder cancer |
15 years |
Primary site uterine cancer |
10 years |
||||
|
Primary site kidney cancer |
15 years |
Primary site vaginal cancer |
10 years |
||||
|
Primary non-Hodgkin lymphoma |
15 years |
Primary site vulval cancer |
15 years |
||||
|
Multiple myeloma |
15 years |
Primary site penile cancer |
15 years |
||||
|
Primary site prostate cancer |
15 years |
Primary site lung cancer |
15 years |
||||
|
Primary site ureter cancer |
15 years |
Primary site skin cancer |
15 years |
||||
|
Primary site colorectal cancer |
15 years |
|
|
||||
|
Primary site oesophageal cancer |
25 years |
|
|
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More about the legislation...
Workers Compensation Legislation Amendment (Firefighters) Act 2025 [Category 2 Cancer(s)]
The Workers Compensation Legislation Amendment (Firefighters) Act 2025 commences on a day or days to be appointed by proclamation. Please note that at this date (28/2/26) the amended legislation has not been proclaimed or commenced.
In New South Wales, Acts that commence “by proclamation” are formally proclaimed by the Governor of NSW, acting on the advice of the Executive Council Government or Minister. The proclamation is then published in the NSW Government Gazette.
It
should be noted that the new legislation provides that a worker who was
diagnosed with one of the newly added cancers (Category 2 cancers)
before 6 August 2025 does not get the benefit of the presumption unless
they have made a claim before the new law commences and that claim is
denied by the insurer on the basis that the cancer is unrelated to
firefighting.
In such a case, members can make a further
claim after the new law commences and that claim will be
covered by the presumptive legislation.
Importantly, the legislation provides only
that the claim must be lodged before the new law commences; the
denial can come later.
If a retired Fire and Rescue NSW Firefighter has been diagnosed with one of the Category 2 listed cancers and has not yet lodged a workers compensation claim they should seek advice urgently about doing so before the legislation is proclaimed.
This
is especially important if you were diagnosed before 5 August 2025.
For further information: