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Legal and workplace information

 

Legal matters

A brain cancer diagnosis can raise important questions about decision-making, care preferences, and financial matters. Planning ahead can reduce stress for you and your loved ones, and ensure that your wishes are respected if you become unable to make decisions yourself.

 

Advance care planning

Advance care planning helps you record your preferences for medical treatment and appoint someone to make decisions on your behalf if needed. It can cover things like life-prolonging treatments, symptom management, and where you wish to receive care.

It’s best to discuss your wishes early with your family, treating team, and general practitioner. Each state and territory has different forms and legal requirements.

More information:

 

Substitute decision-making

Substitute decision-making allows someone you trust to make choices about your medical care, finances, or living arrangements if you are unable to. You can formally appoint decision-makers using legal documents such as:

  • Power of attorney – gives a trusted person authority to make financial or legal decisions on your behalf.
  • Enduring guardianship – allows someone to make personal or health decisions, such as medical consent or accommodation, if you lose capacity.

You can choose different people for different roles, in some cases you can appoint joint decision makers to one role. It’s best to discuss your wishes early with your family and treating team.

 

Wills and estate planning

A will ensures that your assets are distributed according to your wishes after death. If you do not have a valid will, state laws determine how your estate is divided.

Estate planning can also include appointing an executor, reviewing superannuation beneficiaries, and making plans for dependents.

Free or low-cost legal services are available to help with preparing or updating a will. Some hospitals and community services can connect you with pro bono lawyers who assist people affected by serious illness. Public Trustees in each state – can help with wills, powers of attorney, and guardianship forms

 

Legal support services

Every state has different support services available. Check the following list for a good place to start

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Workplace rights and options

A brain cancer diagnosis can affect your ability to work, either temporarily or long term. Knowing your rights and available options can help you make informed decisions about work, income, and support.

 

Talking with your employer

You can choose how much to tell your employer about your diagnosis. There’s no legal requirement to share medical details unless they affect your ability to perform your role safely. However, some disclosure can help your employer make reasonable adjustments, such as:

  • Flexible work hours or part-time arrangements
  • Working from home
  • Adjusted duties or reduced workloads
  • Extra breaks to manage fatigue or appointments

Your doctor, social worker, or care coordinator can help you prepare for these conversations. It may also help to take a support person to meetings with your employer or HR representative.

 

Leave entitlements

Employees are entitled to various types of leave under the Fair Work Act 2009, including:

  • Sick leave (personal leave) – for your own illness or treatment
  • Carer’s leave – to care for an immediate family or household member who is ill
  • Unpaid leave – if paid leave runs out, you can request unpaid time off for treatment or recovery

If you have income protection insurance through your employer or superannuation, you may be eligible for payments that replace part of your income while you cannot work. Ask your HR department or super fund for details.

 

Anti-discrimination and workplace protections

It’s unlawful for an employer to treat you unfairly because of illness or disability. You are protected under the Disability Discrimination Act 1992 and the Fair Work Act 2009. Employers must make reasonable adjustments to help you perform your role, unless it causes them unjustifiable hardship.

Returning to work

Returning to work after treatment can take time. A gradual return plan can help you rebuild stamina and confidence. This may include starting with reduced hours, light duties, or flexible work from home.

You can ask your treating team, care coordinator, or occupational therapist to support your return plan and liaise with your employer. If you receive income protection payments, your insurer may provide an occupational rehabilitation consultant to assist with this process.

If returning to work is not possible, you may wish to explore other options such as volunteering or community activities that provide social connection and purpose.

More information:

 

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Insurance and financial protection

 

Health and life insurance

If you hold life, trauma, or critical illness insurance, you may be able to make a claim after a brain cancer diagnosis. These types of insurance can provide a lump sum payment that helps with treatment costs, mortgage or rent, or other financial needs.

Check your policy wording carefully, as definitions of “critical illness” and the medical evidence required can differ between insurers. Most will need medical reports confirming your diagnosis, prognosis, and any functional limitations.

Some people also have insurance benefits attached to their super,  such as total and permanent disability (TPD) or terminal illness cover, which may provide a separate lump sum payment.

 

Income protection and Total and Permanent Disability insurance

Some people also have insurance benefits attached to their super, this can include:

  • Income protection insurance – replaces a portion of your income (usually up to 75%) if you can’t work temporarily because of illness or treatment.
  • Total and Permanent Disability (TPD) insurance – pays a lump sum if you are permanently unable to work due to your condition.

Each type of cover has specific eligibility criteria and claims processes. For TPD, insurers usually assess whether you are unable to return to your usual occupation or any occupation suited to your experience and education. Contact your superannuation fund or insurer to check if you hold TPD or income protection cover.

 

More information: