Document ID: chunk:federal_register_of_legislation:F2023L00364:reg:4:p5
Version: federal_register_of_legislation:F2023L00364
Segment Type: reg
Provision Reference: reg 4 (pt 5/13)
Character Range: 16568–19295

by reference to which the degree of the permanent impairment of an employee resulting from an injury shall be determined. Paragraph 28(1)(c) of the DRCA relevantly provides that methods by which the degree of permanent impairment, as determined under those criteria, shall be expressed as a percentage. Subsection 28(5) of the DRCA 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 28(1)(c) of that Act may be 0%.
    16 Whole person impairment is the methodology used in this Guide in accordance with section 28 of the DRCA and is therefore the methodology by which the degree of permanent impairment of an employee resulting from an injury is expressed as a percentage. While the employee's impairment resulting from a particular injury is to be assessed against criteria in this Guide by reference to the functional capacities of a normal healthy person, the degree of permanent impairment of that employee resulting from that particular injury may be assessed as:

      (a)   0% if there is no increase in the employee's whole person impairment when assessed in accordance with this Guide; or

      (b)   less than the threshold for compensation under section 24 of the DRCA even if there is an increase in the employee's whole person impairment when assessed in accordance with this Guide.

Entitlements under the DRCA
    17 Where the degree of permanent impairment of the employee (other than a hearing loss) is determined by the relevant authority under subsection 24(5) of the DRCA to be less than 10%, subsection 24(7) of that Act provides that compensation is not payable to the employee under section 24 of that Act.
    18 Subsection 24(8) of the DRCA excludes the operation of subsection 24(7) in relation to impairment constituted by the loss, or the loss of the use, of a finger or toe, or the loss of the sense of taste or smell. The threshold for compensation under section 24 of the DRCA for an injury resulting in a permanent impairment constituted by such a loss is 1% to 5% WPI under this Guide depending on the nature of the impairment.
    19 For injuries suffered by employees after 1 October 2001, subsection 24(7A) of the DRCA provides, in effect, that, if the injury results in a permanent impairment that is a hearing loss, the 10% threshold does not apply. In those cases:

      (a)   subsection 24(7A) of the DRCA provides that compensation is not payable to the employee under section 24 if the relevant authority determines the binaural hearing loss suffered by the employee to be less than 5%; and

      (b)   Table 7.1 (Hearing) provides that the percentage of binaural