Document ID: chunk:federal_register_of_legislation:F2023L00188:clause:1_8:p1
Version: federal_register_of_legislation:F2023L00188
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 1/2)
Character Range: 6564–9544

8  Applying the Tables

Assessing functional capacity

       (1) The impairment of a person must be assessed on the basis of what the person can, or could do, not on the basis of what the person chooses to do or what others do for the person.

Applying the Tables
       (2) The Tables may only be applied to a person's impairment after the person's medical history, in relation to the condition causing the impairment, has been considered.
            Note: For additional information that must be taken into account in applying the Tables see section 9.

Impairment ratings
       (3) An impairment rating can only be assigned to an impairment if:
 (a) the condition has been diagnosed by an appropriately qualified medical practitioner;
Note: For diagnosed see subsection 8(4).
(b) the condition has been reasonably treated;
Note: For reasonably treated see subsection 8(5).
(c) the condition has been stabilised; and
Note: For stabilised see subsection 8(6).
(d) the condition and the resulting impairment is more likely than not, in light of available evidence, to persist for more than 2 years.

Diagnosed
       (4) In determining whether a condition has been diagnosed by an appropriately qualified medical practitioner for the purposes of paragraph 8(3)(a), the following is to be considered:
(a) whether there is corroborating evidence of the condition, as set out in the requirements of each Table.
 Reasonably treated

       (5) In determining whether a condition has been reasonably treated for the purposes of paragraph 8(3)(b), the following is to be considered:

(a) what treatment or rehabilitation has occurred in relation to the condition; and
(b) whether treatment is continuing or is planned in the next 2 years and is likely to result in significant functional improvement.

Stabilised
       (6) For the purposes of paragraph 8(3)(c) a condition is stabilised if either:
(a) the person has undertaken reasonable treatment for the condition and any further reasonable treatment is unlikely to result in significant functional improvement; or
(b) the person has not undertaken reasonable treatment for the condition and:
(i) significant functional improvement is not expected, even if the person undertakes reasonable treatment; or
(ii) there is a medical or other compelling reason for the person not to undertake reasonable treatment.
Note 1: For reasonable treatment see subsection 8(7).
                  Note 2: Degenerative conditions that result in progressive and irreversible loss of function, can be considered stabilised if reasonable treatment is not expected to result in significant functional improvement.

Reasonable treatment
       (7) For the purposes of subsection 8(5) and (6), reasonable treatment is treatment that:
(a) is available at a location reasonably accessible to the person;
(b) is at a reasonable cost;
(c) can reliably be expected to result in a significant functional improvement;
(d) is regularly undertaken or performed;