Document ID: chunk:federal_register_of_legislation:F2023L00364:reg:4:p6
Version: federal_register_of_legislation:F2023L00364
Segment Type: reg
Provision Reference: reg 4 (pt 6/13)
Character Range: 19044–21873

that compensation is not payable to the employee under section 24 if the relevant authority determines the binaural hearing loss suffered by the employee to be less than 5%; and

      (b)   Table 7.1 (Hearing) provides that the percentage of binaural hearing loss is converted to a WPI rating by dividing the percentage of binaural hearing loss by 2; and

      (c)    consequently, the threshold for compensation under section 24 of the DRCA for an injury resulting in a permanent impairment that is a hearing loss is 2.5% WPI under this Guide.

Non-economic loss
    20 Subsection 27(1) of the DRCA provides that where there is liability to pay compensation in respect of a permanent impairment, additional compensation for non-economic loss is payable in accordance with section 27 of that Act.
    21 Non-economic loss is assessed under Division 2 of this Guide.

Compensation payable
    22 The maximum level of payment is prescribed in subsection 24(9) of the DRCA, and indexed annually on 1 July in accordance with the Consumer Price Index under section 13 of that Act. Compensation is calculated at the rate applicable at the time of the assessment. See Division 3 of this Guide for calculation of total entitlements to compensation for permanent impairment and non-economic loss.

Interim and final assessments
    23 On the written request of the employee under subsection 25(1) of the DRCA, an interim determination must be made by the relevant authority of the degree of permanent impairment suffered and an assessment made of an amount of compensation payable to the employee, where:

      (a)   a determination has been made that an employee has suffered a permanent impairment as a result of an injury; and

      (b)   the degree of that impairment is equal to or more than 10%; and

      (c)    a final determination of the degree of permanent impairment has not been made.
    24 When a final determination of the degree of permanent impairment is made by the relevant authority, there is payable to the employee, under subsection 25(3) of the DRCA, an amount equal to the difference, if any, between the final determination and the interim assessment.

Increase in degree of whole person impairment
    25 Where a final assessment of the degree of permanent impairment has been made by the relevant authority and the level of whole person permanent impairment subsequently increases by 10% or more in respect of the same injury, the employee may request, pursuant to subsection 25(4) of the DRCA, another assessment for compensation for permanent impairment and non-economic loss. Additional compensation is payable for the increased level of whole person impairment only.
    26 For injuries suffered by employees after 1 October 2001, pursuant to subsection 25(5) of the DRCA, if the injury results in