Document ID: chunk:federal_register_of_legislation:F2023L00364:reg:3
Version: federal_register_of_legislation:F2023L00364
Segment Type: reg
Provision Reference: reg 3
Character Range: 100056–104088

3      Loss of life expectancy of 20 years or more.

B5  Calculation of non-economic loss

This table allows for the calculation of the percentage of non-economic loss suffered by the employee for the purposes of section 27 of the DRCA.

Table B5  Calculation of non-economic loss

Step 1—Calculation of total of scores from Division 2 tables
Table                                                                                                                                                                         Score  Factor              Final score
Table B1: Pain and Suffering
  Table B1.1: Pain                                                                                                                                                                   × 0.5 =
  Table B1.2:  Suffering                                                                                                                                                             × 0.5 =
Table B2: Amenities of life
  Table B2.1: Mobility                                                                                                                                                               × 0.6 =
  Table B2.2: Social relationships                                                                                                                                                   × 0.6 =
  Table B2.3: Recreation  and leisure activities                                                                                                                                     × 0.6 =
Table B3:  Other loss                                                                                                                                                                × 1.0 =
      Table B4: Loss of expectation of life                                                                                                                                          × 1.0 =
                                                                                                                                                                                     Total of scores =
Step 2—Conversion of total of scores to a percentage
Choose either Step 2.1 or Step 2.2 (whichever is applicable)
Step 2.1
If the total of scores from Step 1 (above):
 (a) equals 15; or
 (b) is greater than 15;
then the percentage of non-economic loss suffered by the employee is 100%.
Or
Step 2.2
If the total of scores from Step 1 (above)  is less than 15, complete the following calculation to find the percentage of non-economic loss (%NEL) suffered by the employee:

       Division 3—Calculation of the total entitlement to compensation for permanent impairment and non-economic loss

Use Worksheet C1—Calculation of total entitlement to derive the total entitlement.

Current statutory maximum amounts for permanent impairment and non-economic loss compensation are available on the Department's website at www.dva.gov.au.

They are indexed annually on 1 July in accordance with the Consumer Price Index.

Worksheet C1  Calculation of total entitlement

Step    Calculation                                                                                                                                                                  Amount
Step 1  Obtain the current indexed maximum amount for permanent impairment under subsection 24(9) of the DRCA (maximum s 24(9) amount) and complete the following calculation:        $

Step 2  Obtain the current indexed maximum amount for non-economic loss under subsection 27(2) "A" of the DRCA (maximum s 27(2) "A" amount) and complete the following calculation:   $

Step 3  Obtain the current indexed maximum amount for non-economic loss under subsection 27(2) "B" of the DRCA (maximum s 27(2) "B" amount) and complete the following calculation:   $

Step 4  Add the amounts calculated in Steps 1, 2 and 3 to calculate the total entitlement under sections 24 and 27 of the DRCA:                                                       $