Document ID: chunk:federal_register_of_legislation:F2023L00188:clause:1_13:p1
Version: federal_register_of_legislation:F2023L00188
Segment Type: clause
Provision Reference: sch 1 cl 13 (pt 1/2)
Character Range: 14214–17152

13  Assigning an impairment rating

       (1) In assigning an impairment rating:

(a) an impairment rating can only be assigned in accordance with the rating points in each Table;

(b) a rating cannot be assigned between consecutive impairment ratings;

Example: a rating of 15 cannot be assigned between 10 and 20.

(c) a rating must not be assigned unless all the descriptors for that level of impairment are satisfied; and

(d) a rating cannot be assigned in excess of the maximum rating specified in each Table.

       (2) In deciding whether an impairment has no or minimal, mild, moderate, severe or extreme functional impact upon a person, the relative descriptors for each impairment rating in a Table should be compared to determine which impairment rating is to be applied.

Descriptors involving performing activities
       (3) When determining whether a descriptor applies that involves a person performing an activity, the descriptor applies if that person can complete or sustain the activity when they would be expected to do so and not only once or rarely.
       Example: If, under Table 2, a person is being assessed as to whether they can unscrew a lid of a soft drink bottle, the relevant impairment rating can only be assigned where the person is generally able to do that activity whenever they attempt it.

Episodic and fluctuating impairments and conditions
       (4) When assessing episodic and fluctuating impairments and conditions, a rating must be assigned which reflects the overall functional impact of those impairments, taking into account the severity, duration and frequency of the episodes or fluctuations as appropriate.
       (5)  When assessing episodic and fluctuating impairments and conditions, signs and symptoms may vary over time and the person's presentation on the day of assessment should not solely be relied upon.

No or minimal impairment resulting from a condition
       (6) The presence of a diagnosed condition does not necessarily mean that there will be an impairment to which an impairment rating may be assigned. To avoid doubt, where a person's diagnosed condition results in no or minimal impairment, the impairment should be assessed as having no or minimal functional impact and a zero rating must be assigned.

Part 3—Impairment Tables

Table 1 – Functions requiring Physical Exertion and Stamina

Introduction to Table 1

       * Table 1 is to be used to assess the functional impact of a diagnosed condition when performing activities requiring physical exertion or stamina.

       * The diagnosis of the condition causing the impairment must be made by an appropriately qualified medical practitioner.

       * There must be corroborating evidence of the person's impairment.

       * Self-report of symptoms must be supported by corroborating medical evidence.

       * Examples of corroborating evidence for the purposes of this Table include, but are