Document ID: chunk:federal_register_of_legislation:F2023L00364:reg:4:p4
Version: federal_register_of_legislation:F2023L00364
Segment Type: reg
Provision Reference: reg 4 (pt 4/13)
Character Range: 13981–16824

Despite the repeal of the Safety, Rehabilitation and Compensation Act 1988—Guide to the Assessment of the Degree of Permanent Impairment Edition 2.1 [F2012C00537], any relevant earlier Guide in force immediately before the commencement day continues in force after the commencement day, subject to paragraphs 7, 8 and 9 of this Guide, for the following purposes:

      (a)   determining a claim made before the commencement day under the DRCA; and

      (b)   an interim determination and assessment under subsection 25(1) of the DRCA in relation to such a claim.

         Note 1: The repealed Guide mentioned in this subsection is repealed by the Safety, Rehabilitation and Compensation Act 1988—Guide to the Assessment of the Degree of Permanent Impairment Edition 3.0.

         Note 2: Part 2 of the repealed Guide (and of previous editions of that Guide) applied to the determination of claims under the DRCA.
    11 Each of the following is a relevant earlier Guide for a claim mentioned in paragraph 10:

      (a)   the repealed Guide mentioned in that paragraph;

      (b)   any previous edition of that Guide that applied in relation to the claim immediately before the commencement day.

Whole person impairment

    Previous approach
    12 Prior to 1988, the Compensation (Commonwealth Government Employees) Act 1971 (repealed with the coming into effect of the SRC Act and (in 2017) the DRCA) provided for the payment of lump sum compensation where an employee suffered the loss of, or loss of efficient use of, a part of the body or faculty, as specified in a table of maims. The range of conditions compensated was exclusive and did not reflect the broad range of work-related conditions.

    Whole person impairment
    13 Whole person impairment (also referred to as "WPI") is the methodology used in this Guide (and in previous editions of this Guide) for expressing the degree of impairment of a person, resulting from an injury, as a percentage. The concept of WPI is drawn from the AMA Guides (where it is referred to as "whole man" impairment).

    Degree of impairment
    14 Subsection 24(5) of the DRCA provides for the determination of the degree of permanent impairment of the employee resulting from an injury, that is, the employee as a whole person. The whole person impairment concept, therefore, provides for compensation for the permanent impairment of any body part, system or function to the extent to which it permanently impairs the employee as a whole person.
    15 Paragraph 28(1)(a) of the DRCA provides for the Guide to set out criteria by reference to which the degree of the permanent impairment of an employee resulting from an injury shall be determined. Paragraph 28(1)(c) of the DRCA relevantly provides that methods by which the degree of permanent impairment, as determined under those