Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 24

Compensation for injuries resulting in permanent impairment

             (1)  Where an injury to an employee results in a permanent impairment, Comcare is liable to pay compensation to the employee in respect of the injury.

             (2)  For the purpose of determining whether an impairment is permanent, Comcare shall have regard to:

                     (a)  the duration of the impairment;

                     (b)  the likelihood of improvement in the employee's condition;

                     (c)  whether the employee has undertaken all reasonable rehabilitative treatment for the impairment; and

                     (d)  any other relevant matters.

             (3)  Subject to this section, the amount of compensation payable to the employee is such amount, as is assessed by Comcare under subsection (4), being an amount not exceeding the maximum amount at the date of the assessment.

             (4)  The amount assessed by Comcare shall be an amount that is the same percentage of the maximum amount as the percentage determined by Comcare under subsection (5).

             (5)  Comcare shall determine the degree of permanent impairment of the employee resulting from an injury under the provisions of the approved Guide.

             (6)  The degree of permanent impairment shall be expressed as a percentage.

             (7)  Subject to section 25, if:

                     (a)  the employee has a permanent impairment other than a hearing loss; and

                     (b)  Comcare determines that the degree of permanent impairment is less than 10%;

an amount of compensation is not payable to the employee under this section.

          (7A)  Subject to section 25, if:

                     (a)  the employee has a permanent impairment that is a hearing loss; and

                     (b)  Comcare determines that the binaural hearing loss suffered by the employee is less than 5%;

an amount of compensation is not payable to the employee under this section.

             (8)  Subsection (7) does not apply to any one or more of the following:

                     (a)  the impairment constituted by the loss, or the loss of the use, of a finger;

                     (b)  the impairment constituted by the loss, or the loss of the use, of a toe;

                     (c)  the impairment constituted by the loss of the sense of taste;

                     (d)  the impairment constituted by the loss of the sense of smell.

             (9)  For the purposes of this section, the maximum amount is $80,000.



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