Document ID: chunk:federal_register_of_legislation:F2023L00223:clause:1_7
Version: federal_register_of_legislation:F2023L00223
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 21019–23257

7            See Edition 2.1 of the Guide (now repealed) for the criteria, methods and application provisions relevant to the assessment or reassessment of the degree of permanent impairment or non-economic loss of an employee relating to claims and requests under sections 39, 40 and 41 of the Seafarers Act that were received by the employer prior to the commencement date. Edition 2.1 of the Guide can be accessed via the Federal Register of Legislation here: https://www.legislation.gov.au/Details/F2012C00534.

WHOLE PERSON IMPAIRMENT
    8            Prior to 1993, the Seamen's Compensation Act 1911 (repealed by the Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992) provided for the payment of lump sum compensation where a seaman 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.
    9            This Guide, like the previous editions, is, for the purposes of expressing the degree of impairment as a percentage, based on the concept of 'whole person impairment'. Subsection 39(5) of the Seafarers Act 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.
    10         Paragraph 42(1)(a) of the Seafarers Act provides that the Guide may set out criteria by reference to which the degree of the permanent impairment of an employee resulting from an injury shall be determined. Paragraph 42(1)(c) of the Act relevantly provides that methods by which the degree of permanent impairment, as determined under those criteria, shall be expressed as a percentage. Subsection 42(5) of the Act relevantly provides that the percentage of permanent impairment suffered by an employee as a result of an injury ascertained under the methods referred to in paragraph 42(1)(c) may be 0%.