Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_28
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 28
Character Range: 265967–267335

28  Meanings of incapacity and permanent incapacity

Meaning of incapacity
 (1) For the purposes of this Act, incapacity means:
 (a) injury by reason of a work‑related accident;
 (b) the physical or mental consequences of:
 (i) an injury by reason of a work‑related accident; or
 (ii) a work‑related accident;
 (c) industrial deafness within the meaning of section 33;
 (d) hernia within the meaning of section 34;
 (e) occupational disease within the meaning of section 35;
 (f) a cardiovascular or cerebrovascular episode within the meaning of section 36.
Note: Under section 30, an employee is entitled to periodical compensation if the employee's incapacity results in a total or partial loss or diminution of the employee's capacity to earn.

Meaning of permanent incapacity
 (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:
 (a) is caused by incapacity (within the meaning of subsection (1)); and
 (b) is permanent; and
 (c) results in a loss of amenities or of enjoyment of life (or both) for the employee.
Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee's capacity to earn.