Commonwealth Consolidated Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 42

             (1)  The Authority may, from time to time, prepare a written document, to be called the "Guide to the Assessment of the Degree of Permanent Impairment", setting out:

                     (a)  criteria by reference to which the degree of the permanent impairment of an employee resulting from an injury must be determined; and

                     (b)  criteria by reference to which the degree of non‑economic loss suffered by an employee as a result of an injury or impairment must be determined; and

                     (c)  methods by which the degree of permanent impairment and the degree of non‑economic loss, as determined under those criteria, must be expressed as a percentage.

             (2)  The Authority may, from time to time, by instrument in writing, vary or revoke the approved Guide.

             (3)  A document prepared by the Authority under subsection (1), and an instrument under subsection (2), have no force or effect unless and until approved by the Minister.

             (4)  If an employer or the Administrative Appeals Tribunal is required to assess or reassess, or review the assessment or reassessment of, the degree of permanent impairment of an employee resulting from an injury, or the degree of non‑economic loss suffered by an employee, the assessment, reassessment or review must be made in accordance with the approved Guide.

             (5)  The percentage of permanent impairment or non‑economic loss suffered by an employee as a result of an injury ascertained under the methods referred to in paragraph (1)(c) may be 0%.

             (6)  In preparing criteria for the purposes of paragraphs (1)(a) and (b), or in varying those criteria, the Authority must have regard to medical opinion concerning the nature and effect (including possible effect) of the injury and the extent (if any) to which impairment resulting from the injury, or non‑economic loss resulting from the injury or impairment, may reasonably be capable of being reduced or removed.

             (7)  When a document prepared by the Authority in accordance with subsection (1), or an instrument under subsection (2), has been approved by the Minister, the Authority must cause copies of the document or instrument, as the case may be, to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives those copies.

             (8)  The Authority must make copies of the approved Guide and of any approved variation of that Guide, available upon application by a person and payment of the prescribed fee (if any).

             (9)  Sections 48 (other than paragraphs (1)(a) and (b) and subsection (2)), 49 and 50 of the Acts Interpretation Act 1901 apply in relation to a document, being the approved Guide or an instrument varying or revoking that Guide that has been approved by the Minister, as if, in those sections, references to regulations were references to such a document and references to a regulation were references to a provision of such a document.

           (10)  For the purpose of the application of the provisions of the Acts Interpretation Act 1901 in accordance with subsection (9), a document referred to in that subsection is taken to have been made on the date on which it was approved by the Minister under this section.