Document ID: chunk:federal_register_of_legislation:F2023L00364:reg:4:p3
Version: federal_register_of_legislation:F2023L00364
Segment Type: reg
Provision Reference: reg 4 (pt 3/13)
Character Range: 11394–14262

Act 1971.
    2 The amount of compensation payable is to be assessed by reference to the degree of permanent impairment and the degree of non-economic loss determined by the MRCC under this Guide.
         Note: For the compensation payable, see sections 24 to 28 of the DRCA. For the scope of defence service concerned, see section 4AA of that Act.

Structure of this Guide
    3 Division 1 is used to assess the degree of the permanent impairment of an employee resulting from an injury. Table 14.1 (Combined values chart) is used to obtain the combined value of multiple impairments resulting from a single injury where combination is required.
    4 Division 2 is used to assess the degree of non-economic loss suffered by an employee as a result of an injury or impairment.
    5 Division 3 is used to calculate the total entitlement to compensation for permanent impairment and non-economic loss, based on the assessments completed in Divisions 1 and 2.
    6 The Principles of assessment and Glossary contain information relevant to the interpretation and application of Divisions 1, 2 and 3.

Application of this Guide

    Assessments and re-assessments—claims received on or after commencement day
    7 This Guide applies to the assessment or re-assessment of the degree of permanent impairment of an employee resulting from an injury, or the degree of non-economic loss suffered by an employee as a result of an injury or impairment, relating to a claim for compensation under section 24, subsection 25(4) or (5) or section 27 of the DRCA if the claim is received by the relevant authority on or after the day this instrument commences (the commencement day).

    Re-assessments—claims received before commencement day
    8 This Guide applies to a re-assessment mentioned in paragraph 7 in relation to a claim received before the commencement day if the request for re-assessment is received on or after the commencement day.

    Reconsiderations and AAT reviews
    9 This Guide applies in relation to:

      (a)   a reconsideration of a determination under section 62 of the DRCA that relates to an assessment or re-assessment to which paragraph 7 or 8 of this Guide applies; and

      (b)   a review by the Administrative Appeals Tribunal of a decision under subsection 38(4) (review of certain determinations by the MRCC) or section 62 (reconsideration of determinations) of the DRCA that relates to an assessment or re-assessment to which paragraph 7 or 8 of this Guide applies.

    Claims made before the commencement day: inapplicability of this Guide
    10 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