New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 10)
The injuries specified in column 1 of the table to this Schedule are compensable injuries for the purposes of this Act.
The standard amount of compensation for any such compensable injury is the amount, or an amount within the range of amounts, specified in column 2 of the table to this Schedule opposite the injury.
If 2 or more compensable injuries are received by an eligible victim, the standard amount of compensation for all of those injuries is the total of the following amounts (subject to the other provisions of this Act):
(a) The full standard amount for the most serious injury (that is, for the injury that has the largest standard amount payable).
(b) 10% of the standard amount for the second most serious injury (that is, for the injury that has the same or the second largest standard amount payable).
(c) 5% of the standard amount for the third most serious injury (that is, for the injury that has the same or the third largest standard amount payable).
(d) No amount for any further injuries.
If the act of violence results in a compensable injury because of the aggravation, acceleration, exacerbation or deterioration of an existing condition of the eligible victim, the standard amount of compensation for the injury is to be reduced by the proportionate amount that the Tribunal or compensation assessor considers is attributable to the existing condition.
(1) For the purposes of establishing whether there is a compensable injury of psychological or psychiatric disorder, an application relating to statutory compensation for such an injury must be accompanied by a written assessment of the applicant’s condition prepared by a qualified person chosen from a list of qualified persons designated by the Director.
(1A) In determining such an application, the Tribunal or compensation assessor concerned is not required to have regard to any report or assessment other than the assessment referred to in subclause (1).
(2) The Director may suspend or revoke the designation of a person under subclause (1).
(3) The compensable injury of psychological or psychiatric disorder (category 1) applies only in relation to an act of violence that has apparently occurred in the course of the commission of any of the following offences:(a) armed robbery,(b) abduction,(c) kidnapping.
The following applies to the compensable injury of sexual assault:
(a) Category 1 sexual assault consists of:• indecent assault, or• an assault with violence in the course of attempted unlawful sexual intercourse.
(b) Category 2 sexual assault consists of:• unlawful sexual intercourse, or• the infliction of serious bodily injury in the course of attempted unlawful sexual intercourse.
(c) Category 3 sexual assault consists of:In this clause:• a pattern of abuse involving category 1 or category 2 sexual assault, or• unlawful sexual intercourse in which serious bodily injury is inflicted, or• unlawful sexual intercourse in which 2 or more offenders are involved, or• unlawful sexual intercourse in which the offender uses an offensive weapon.
The following applies to the compensable injuries of burns and scarring:
(a) Compensation is not payable for scarring unless it is permanent.
(b) Compensation is not payable for both burns to any part of the body and scarring of that part of the body caused by burns.
(c) Payment for burns or scarring is subject to such reasonable inspection of the injury as the Tribunal or compensation assessor may require.
(1) The compensable injury of domestic violence consists of the following:(a) injury resulting from an act that occurred in the commission of a domestic violence offence,(b) without limiting paragraph (a), injury arising from the intimidation or stalking of a person (within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 ) in apparent contravention of an apprehended violence order in force under that Act.
(2) Subclause (1) (a) is subject to any guidelines issued by the Tribunal under section 65 relating to the determination of circumstances in which there is a compensable injury of domestic violence.
(3) In this clause:
"domestic violence offence" means a personal violence offence (within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 ) against any of the following persons:(a) a person who is or has been married to the person who committed the offence,(b) a person who has or has had a de facto relationship (within the meaning of the Property (Relationships) Act 1984 ) with the person who committed the offence,(c) a person who has or has had an intimate personal relationship with the person who committed the offence, whether or not the intimate relationship involves or has involved a relationship of a sexual nature,(d) a person who, at the time of the offence, was living in the same household as the person who committed the offence,(e) a person who, at the time of the offence, was living as a long-term resident in the same residential facility as the other person (not being a facility that is a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 or a detention centre within the meaning of the Children (Detention Centres) Act 1987 ),(f) a person who, at the time of the offence, had a relationship involving his or her dependence on the ongoing paid or unpaid care of the person who committed the offence,(g) a person who is or has been a parent, guardian or step-parent of the person who committed the offence,(h) a person who is or has been a child or step-child of the person who committed the offence, or some other child of whom the person is the guardian,(i) a person who is or has been a brother, sister, half-brother, half-sister, step-brother or step-sister of the person who committed the offence.
An injury not specifically mentioned in Column 1 of the table to this Schedule is a compensable injury if, in the opinion of the Tribunal or compensation assessor dealing with the application for statutory compensation:
(a) the injury is similar to an injury specifically mentioned in the table, and
(b) the injury has caused symptoms or disability lasting for at least 6 weeks.The standard amount of compensation for the injury is the standard amount for that similar injury.
The following provisions apply:
(a) For the purpose of determining the extent of an injury, the extent to which the injury, or the effect of the injury, may be reduced or limited by an external removable aid or appliance is to be disregarded.
(b) If an eligible victim has only one leg, arm, eye or other body part, an injury to the remaining body part is to be regarded as an injury to both of those body parts.
The amendments made to the table to this Schedule by the Victims Compensation Amendment (Compensable Injuries) Regulation 2000 , and which relate to the amount of statutory compensation for the compensable injuries of domestic violence, psychological or psychiatric disorder (category 1) and sexual assault (category 1), apply in relation to applications for statutory compensation lodged on or after 14 July 2000.
| Column 1 | Column 2 |
| Description of Injury | Standard amount of compensation |
| $ | |
| Brain damage | |
| moderate impairment of social/intellectual functions | 36,000 |
| serious impairment of social/intellectual functions | 50,000 |
| permanent-extremely serious (no effective control of functions) | 50,000 |
| Burns | |
| multiple third degree burns covering at least 25% of body | 50,000 |
| [For other burns to a part of the body, see burn injuries listed in this table under that part of the body] | |
| Disease or other recognised medical illness causing disability (not being a disease or illness of the mind) | |
| disability lasting 6 to 13 weeks | 2,400 |
| disability lasting 14 to 28 weeks | 9,600 |
| disability lasting over 28 weeks (but not permanent) | 18,000 |
| permanent disability | 48,000 |
| Domestic violence | 7,500-10,000 |
| Epilepsy | |
| fully controlled | 18,000 |
| partially controlled | 30,000 |
| uncontrolled | 50,000 |
| Head | |
| burns (other than face): minor | 3,600 |
| burns (other than face): moderate | 9,600 |
| burns (other than face): severe | 18,000 |
| burns (face): minor | 4,800 |
| burns (face): moderate | 12,000 |
| burns (face): severe | 50,000 |
| ear: fractured mastoid | 2,400 |
| ear: loss of one ear | 24,000 |
| ear: loss of both ears | 42,000 |
| ear: partial deafness of one ear-remaining hearing socially useful with hearing aid if necessary | 8,400 |
| ear: partial deafness of both ears-remaining hearing socially useful with hearing aid if necessary | 18,000 |
| ear: total deafness of one ear | 36,000 |
| ear: total deafness of both ears | 50,000 |
| ear: partial loss of ear(s) | 9,600 |
| ear: perforated ear drum | 4,200 |
| ear: temporary partial deafness-lasting 6 to 13 weeks | 2,400 |
| ear: temporary partial deafness-lasting more than 13 weeks | 3,600 |
| ear: tinnitus (ringing noise in ears)-lasting 6 to 13 weeks | 2,400 |
| ear: tinnitus-lasting more than 13 weeks | 7,200 |
| ear: tinnitus-permanent (moderate) | 18,000 |
| ear: tinnitus-permanent (very serious) | 36,000 |
| eye: blow out fracture of orbit bone cavity containing eyeball | 7,200 |
| eye: blurred or double vision-lasting 6 to 13 weeks | 2,400 |
| eye: blurred or double vision-lasting more than 13 weeks | 4,200 |
| eye: blurred or double vision-permanent | 18,000 |
| eye: cataracts one eye (requiring operation) | 7,200 |
| eye: cataracts both eyes (requiring operation) | 18,000 |
| eye: cataracts one eye (permanent/inoperable) | 18,000 |
| eye: cataracts both eyes (permanent/inoperable) | 42,000 |
| eye: corneal abrasions | 4,800 |
| eye: damage to iris resulting in hyphaema (bleeding in ocular chamber) | 6,000 |
| eye: damage to irises resulting in hyphaema (bleeding in ocular chamber) | 14,400 |
| eye: degeneration of optic nerve | 4,800 |
| eye: degeneration of optic nerves | 12,000 |
| eye: detached retina | 12,000 |
| eye: detached retinas | 30,000 |
| eye: dislocation of lens | 12,000 |
| eye: dislocation of lenses | 30,000 |
| eye: glaucoma | 6,000 |
| eye: loss of one eye | 50,000 |
| eye: loss of both eyes | 50,000 |
| eye: loss of sight of one eye | 48,000 |
| eye: loss of sight of both eyes | 50,000 |
| eye: partial loss of vision-6/9 | 18,000 |
| eye: partial loss of vision-6/12 | 24,000 |
| eye: partial loss of vision-6/24 | 30,000 |
| eye: partial loss of vision-6/36 | 36,000 |
| eye: partial loss of vision-6/60 | 42,000 |
| eye: residual floaters | 12,000 |
| eye: traumatic angle recession of eye | 6,000 |
| facial: dislocated jaw | 4,800 |
| facial: fractured malar and/or zygomatic-cheek bones | 4,800 |
| facial: fractured mandible and/or maxilla-jaw bones | 7,200 |
| facial: permanently clicking jaw | 12,000 |
| facial: temporary numbness/loss of feeling-lasting 6 to 13 weeks | 2,400 |
| facial: temporary numbness/loss of feeling-lasting more than 13 weeks (recovery expected) | 3,600 |
| facial: permanent numbness/loss of feeling | 9,600 |
| nose: deviated nasal septum | 2,400 |
| nose: deviated nasal septum requiring septoplastomy | 4,800 |
| nose: undisplaced fracture of nasal bones | 2,400 |
| nose: displaced fracture of nasal bones | 3,600 |
| nose: partial loss (at least 10%) | 9,600 |
| nose: partial loss of smell and/or taste | 12,000 |
| nose: loss of smell or taste | 24,000 |
| nose: loss of smell and taste | 36,000 |
| scarring (face): minor disfigurement | 3,600 |
| scarring (face): significant disfigurement | 8,400 |
| scarring (face): serious disfigurement | 18,000 |
| scarring (other than face): visible, minor disfigurement | 3,600 |
| scarring (other than face): significant disfigurement | 7,200 |
| scarring (other than face): serious disfigurement | 12,000 |
| skull: balance impaired-permanent | 18,000 |
| skull: brain haemorrhage (full recovery) | 9,600 |
| skull: brain haemorrhage (residual minor impairment of social/intellectual functions) | 18,000 |
| skull: concussion (lasting at least one week) | 3,600 |
| skull: simple fracture (no operation) | 6,000 |
| skull: depressed fracture (no operation) | 9,600 |
| skull: depressed fracture (requiring operation) | 14,400 |
| skull: stroke (full recovery) | 12,000 |
| skull: subdural haematoma-treated conservatively | 9,600 |
| skull: subdural haematoma-requiring evacuation | 18,000 |
| teeth: chipped front teeth requiring crown | 2,400 |
| teeth: fractured tooth/teeth requiring crown | 2,400 |
| teeth: loss of crowns | 3,000 |
| teeth: loss of one tooth other than front tooth | 2,400 |
| teeth: loss of two or more teeth other than front tooth | 3,600 |
| teeth: loss of one front tooth | 3,600 |
| teeth: loss of two or three front teeth | 4,800 |
| teeth: loss of four or more front teeth | 7,200 |
| teeth: slackening of teeth requiring dental treatment | 2,400 |
| tongue: impaired speech-slight | 4,800 |
| tongue: impaired speech-moderate | 12,000 |
| tongue: impaired speech-serious | 24,000 |
| tongue: impaired speech-severe | 42,000 |
| tongue: loss of speech-permanent | 50,000 |
| tongue: loss of tongue | 50,000 |
| Lower limbs | |
| ankle: fracture of one ankle (full recovery) | 7,200 |
| ankle: fracture of one ankle (with continuing disability) | 12,000 |
| ankle: fracture of both ankles (full recovery) | 18,000 |
| ankle: fracture of both ankles (with continuing disability) | 24,000 |
| ankle: sprain of one ankle (disabling for at least 6 to 13 weeks) | 2,400 |
| ankle: sprain of one ankle (disabling for more than 13 weeks) | 6,000 |
| ankle: sprain of both ankles (disabling for at least 6 to 13 weeks) | 4,800 |
| ankle: sprain of both ankles (disabling for more than 13 weeks) | 8,400 |
| burns: minor | 3,600 |
| burns: moderate | 9,600 |
| burns: severe | 24,000 |
| femur: fracture of both legs (full recovery) | 18,000 |
| femur: fracture of both legs (with continuing disability) | 24,000 |
| femur: fracture of thigh bone (full recovery) | 7,200 |
| femur: fracture of one leg (with continuing disability) | 12,000 |
| fibula: fracture of both legs (full recovery) | 18,000 |
| fibula: fracture of both legs (with continuing disability) | 24,000 |
| fibula: fracture of one leg (with continuing disability) | 12,000 |
| fibula: fracture of slender bone from knee to ankle (full recovery) | 7,200 |
| heel bone: fracture of one foot (full recovery) | 6,000 |
| heel bone: fracture of one foot (with continuing disability) | 12,000 |
| heel bone: fracture of both feet (full recovery) | 12,000 |
| heel bone: fracture of both feet (with continuing disability) | 24,000 |
| knees: injury requiring arthroscopy (investigative surgery/repair)-no fracture | 4,800 |
| leg: loss of leg below knee | 50,000 |
| leg: loss of leg above knee | 50,000 |
| leg: loss of both legs | 50,000 |
| metatarsal bones: fracture of one foot (full recovery) | 6,000 |
| metatarsal bones: fracture of one foot (with continuing disability) | 18,000 |
| metatarsal bones: fracture of both feet (full recovery) | 12,000 |
| metatarsal bones: fracture of both feet (with continuing disability) | 36,000 |
| patella: dislocation of one leg (full recovery) | 2,400 |
| patella: dislocation of one leg (with continuing disability) | 18,000 |
| patella: dislocation of both legs (full recovery) | 4,800 |
| patella: dislocation of both legs (with continuing disability) | 42,000 |
| patella: fracture of knee cap (full recovery) | 18,000 |
| patella: fracture of one leg (with continuing disability) | 24,000 |
| patella: fracture of both legs (full recovery) | 36,000 |
| patella: fracture of both legs (with continuing disability) | 48,000 |
| phalanges: fracture of toes | 3,600 |
| scarring: minor disfigurement | 3,000 |
| scarring: significant disfigurement | 4,200 |
| scarring: serious disfigurement | 12,000 |
| tarsal bones: fracture of one foot (full recovery) | 6,000 |
| tarsal bones: fracture of one foot (with continuing disability) | 18,000 |
| tarsal bones: fracture of both feet (full recovery) | 12,000 |
| tarsal bones: fracture of both feet (with continuing disability) | 36,000 |
| tendon(s)/ligament(s): minor damage (full recovery) | 2,400 |
| tendon(s)/ligament(s): minor damage (with continuing disability) | 7,200 |
| tendon(s)/ligament(s): moderate damage (full recovery) | 4,800 |
| tendon(s)/ligament(s): moderate damage (with continuing disability) | 12,000 |
| tendon(s)/ligaments(s): severe damage (full recovery) | 7,200 |
| tendon(s)/ligaments(s): severe damage (with continuing disability) | 18,000 |
| tibia: fracture of shin bone (full recovery) | 7,200 |
| tibia: fracture of shin bone (with continuing disability) | 12,000 |
| tibia: fracture of both legs (full recovery) | 18,000 |
| tibia: fracture of both legs (with continuing disability) | 24,000 |
| toe: fracture of one big toe | 6,000 |
| toe: fracture of two big toes | 12,000 |
| Neck | |
| burns: minor | 3,600 |
| burns: moderate | 9,600 |
| burns: severe | 24,000 |
| neck: strained (disabling for 6 to 13 weeks) | 2,400 |
| neck: strained (disabling for more than 13 weeks) | 4,200 |
| neck: strained-seriously disabling (not permanent) | 12,000 |
| neck: strained-seriously disabling (permanent) | 24,000 |
| scarring: minor disfigurement | 3,600 |
| scarring: significant disfigurement | 7,200 |
| scarring: serious disfigurement | 9,600 |
| Paralysis | |
| Paralysis of all 4 limbs (quadriplegia/tetraplegia), paralysis of one side of body (hemiplegia), paralysis of the lower limbs (paraplegia), paralysis of one lower limb, paralysis of one or both upper limbs | 50,000 |
| Psychological or psychiatric disorder | |
| Category 1, chronic psychological or psychiatric disorder that is moderately disabling | 7,500-15,000 |
| Category 2, chronic psychological or psychiatric disorder that is severely disabling | 30,000-50,000 |
| Sexual assault | |
| Category 1 | 7,500-10,000 |
| Category 2 | 10,000-25,000 |
| Category 3 | 25,000-50,000 |
| Torso | |
| back: fracture of vertebra (full recovery) | 6,000 |
| back: fracture of vertebra (continuing disability) | 12,000 |
| back: fracture of more than one vertebra (full recovery) | 9,600 |
| back: fracture of more than one vertebra (continuing disability) | 18,000 |
| back: prolapsed invertebral disc(s)-seriously disabling (not permanent) | 12,000 |
| back: prolapsed invertebral disc(s)-seriously disabling (permanent) | 18,000 |
| back: ruptured invertebral disc(s) requiring surgical removal | 24,000 |
| back: strained back-disabling for 6 to 13 weeks | 2,400 |
| back: strained back-disabling for more than 13 weeks | 6,000 |
| back: strained back-seriously disabling (not permanent) | 12,000 |
| back: strained back-seriously disabling (permanent) | 18,000 |
| burns: minor | 3,600 |
| burns: moderate | 9,600 |
| burns: severe | 24,000 |
| clavicle: fracture of collar bone | 4,800 |
| clavicle: fracture of both clavicles | 12,000 |
| coccyx: fracture of tail bone | 6,000 |
| fertility: loss of fertility | 50,000 |
| genitalia: injury requiring medical treatment (no permanent damage) | 4,200 |
| genitalia: injury requiring medical treatment (permanent damage) | 12,000 |
| hernia | 8,400 |
| hip: dislocated (full recovery) | 4,200 |
| hip: dislocated (with continuing disability) | 18,000 |
| hip: fractured | 18,000 |
| injury requiring laparotomy | 8,400 |
| kidney: loss of kidney | 48,000 |
| lung: collapse of lung | 8,400 |
| lung: collapse of both lungs | 18,000 |
| lung: puncture of lung | 7,200 |
| lung: puncture of both lungs | 14,400 |
| lung: smoke inhalation in both lungs (permanent and disabling damage) | 12,000 |
| pelvis: fracture of pelvis | 18,000 |
| rib: fracture of rib | 2,400 |
| rib: fracture of two or more ribs | 3,600 |
| scapula: fracture of shoulder blade | 6,000 |
| scapula: fracture of both scapula | 14,400 |
| scarring: minor disfigurement | 3,000 |
| scarring: significant disfigurement | 6,000 |
| scarring: serious disfigurement | 12,000 |
| shoulder: dislocated (full recovery) | 4,200 |
| shoulder: dislocated (with continuing disability) | 12,000 |
| shoulder: frozen | 8,400 |
| spleen: loss of spleen | 9,600 |
| sternum: fracture of breast bone | 6,000 |
| Upper limbs | |
| arm: loss of arm | 50,000 |
| arm: loss of both arms | 50,000 |
| arm: permanently and seriously impaired grip | 18,000 |
| arm: permanently and seriously impaired grip in both arms | 36,000 |
| burns: minor | 3,600 |
| burns: moderate | 9,600 |
| burns: severe | 24,000 |
| elbow: dislocation/fracture of one elbow (full recovery) | 7,200 |
| elbow: dislocation/fracture of one elbow (with continuing disability) | 18,000 |
| elbow: dislocation/fracture of both elbows (full recovery) | 18,000 |
| elbow: dislocation/fracture of both elbows (with continuing disability) | 24,000 |
| finger: loss of one other than index | 12,000 |
| finger: loss of index | 18,000 |
| finger: loss of two or more | 24,000 |
| finger: partial loss of finger (one joint) other than thumb or index | 6,000 |
| finger(s) or thumb: dislocated one hand (full recovery) | 3,000 |
| finger(s) or thumb: dislocated one hand (with continuing disability) | 6,000 |
| finger(s) or thumb(s): dislocated both hands (full recovery) | 7,200 |
| finger(s) or thumb(s): dislocated both hands (with continuing disability) | 18,000 |
| finger(s) or thumb: fractured one hand (full recovery) | 3,600 |
| finger(s) or thumb: fractured one hand (with continuing disability) | 8,400 |
| finger(s) or thumb(s): fractured both hands (full recovery) | 9,600 |
| finger(s) or thumb(s): fractured both hands (with continuing disability) | 18,000 |
| hand: fracture of hand (full recovery) | 4,800 |
| hand: fracture of hand (with continuing disability) | 12,000 |
| hand: fracture of both hands (full recovery) | 8,400 |
| hand: fracture of both hands (with continuing disability) | 18,000 |
| hand: loss of hand | 50,000 |
| hand: loss of both hands | 50,000 |
| humerus: fracture of upper arm bone (full recovery) | 7,200 |
| humerus: fracture (with continuing disability) | 12,000 |
| humerus: fracture of both arms (full recovery) | 18,000 |
| humerus: fracture of both arms (with continuing disability) | 24,000 |
| radius: fracture of smaller forearm bone (full recovery) | 7,200 |
| radius: fracture (with continuing disability) | 12,000 |
| radius: fracture of both arms (full recovery) | 18,000 |
| radius: fracture of both arms (with continuing disability) | 24,000 |
| scarring: minor disfigurement | 3,000 |
| scarring: significant disfigurement | 6,000 |
| scarring: serious disfigurement | 9,600 |
| tendon(s)/ligament(s): minor damage (full recovery) | 2,400 |
| tendon(s)/ligament(s): minor damage (with continuing disability) | 7,200 |
| tendon(s)/ligament(s): moderate damage (full recovery) | 4,800 |
| tendon(s)/ligament(s): moderate damage (with continuing disability) | 12,000 |
| tendon(s)/ligament(s): severely damaged (full recovery) | 7,200 |
| tendon(s)/ligament(s): severely damaged (with continuing disability) | 18,000 |
| thumb or index finger: partial loss (one joint) | 9,600 |
| thumb: loss of thumb | 36,000 |
| ulna: fracture of inner forearm bone (full recovery) | 7,200 |
| ulna: fractured ulna (with continuing disability) | 12,000 |
| ulna: fracture of both arms (full recovery) | 18,000 |
| ulna: fracture of both arms (with continuing disability) | 24,000 |
| wrist: fracture-colles type (full recovery) | 9,600 |
| wrist: fracture-colles type (with continuing disability) | 18,000 |
| wrist: fracture-including scaphoid (full recovery) | 7,200 |
| wrist: fracture-including scaphoid (with continuing disability) | 14,400 |
| wrist: fracture of both-colles type (full recovery) | 18,000 |
| wrist: fracture of both-colles type (with continuing disability) | 24,000 |
| wrist: fracture of both-including scaphoid fracture (full recovery) | 14,400 |
| wrist: fracture of both-including scaphoid fracture (with continuing disability) | 24,000 |
| wrist: sprain-disabling for 6 to 13 weeks | 2,400 |
| wrist: sprain-disabling for more than 13 weeks | 3,600 |
| wrist: sprain of both-disabling for 6 to 13 weeks | 4,800 |
| wrist: sprain of both-disabling for more than 13 weeks | 7,200 |