Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_32:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 32 (pt 1/2)
Character Range: 270442–273247

32  Compensation for permanent incapacity—assessment

Scope of this section
 (1) This section applies in relation to an employee if:
 (a) the employee suffers a loss or impairment of a bodily or mental function; and
 (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.
 (2) The responsible party for the claim for compensation in relation to the loss or impairment is as follows:
 (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;
 (b) if the claim is made against the Commonwealth—the Employment Liaison Officer;
 (c) in any other case—the person or entity against whom the claim is made.
Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).
 (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:
 (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and
 (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.

Requirement to attend for assessment
 (4) The responsible party in relation to the claim for compensation may:
 (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and
 (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.

Conduct of assessment
 (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.
 (6) A person who undertakes a permanent incapacity assessment of an employee:
 (a) must apply the following (so far as they are applicable):
 (i) the Schedule to this Act;
 (ii) any approved guide; and
 (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).

Costs of assessment