Document ID: chunk:federal_register_of_legislation:F2023L00364:reg:4:p8
Version: federal_register_of_legislation:F2023L00364
Segment Type: reg
Provision Reference: reg 4 (pt 8/13)
Character Range: 24208–27136

abnormality and psychological abnormality.
    31 In this Guide, loss of function is used as a basis of assessment of impairment and as far as possible objective criteria have been used. The degree of impairment is assessed by reference to the impact of that loss by reference to the functional capacities of a normal healthy person.
    32 Impairment is measured against its effect on personal efficiency in the activities of daily living in comparison with a normal healthy person.
         Note: Activities of daily living are defined in the Glossary.

    Non-economic loss
    33 Non-economic loss is defined by the DRCA, in relation to an employee who has suffered an injury resulting in a permanent impairment, as "loss or damage of a non‑economic kind suffered by the employee (including pain and suffering, a loss of expectation of life or a loss of the amenities or enjoyment of life) as a result of that injury or impairment and of which the employee is aware." (see subsection 4(1) of that Act).
         Note: For the assessment of the degree of non-economic loss, see Division 2.
    34 Non-economic loss is a subjective concept of the effects of the impairment on the employee's life. It includes loss of expectation of life and any other real inconveniences caused by the impairment.
    35 Whilst activities of daily living are used to assess impairment they should not be confused with "lifestyle effects" which are used to assess non-economic loss. Lifestyle effects are a measure of an individual's mobility and enjoyment of, and participation in, recreation, leisure activities and social relationships.
    36 It is emphasised that the employee must be aware of the non-economic losses suffered. While employees may have equal ratings of impairment it would not be unusual for them to receive different ratings for non-economic loss because of their different lifestyles.

Employability and incapacity
    37 The concepts of "employability" and "incapacity" are not included in the assessment of impairment and non-economic loss. Incapacity is influenced by factors other than the degree of impairment and is compensated by weekly payments which are in addition to these payments.

Permanent impairment
    38 Compensation is only payable for an impairment resulting from an injury which is permanent. In the DRCA, "permanent" means "likely to continue indefinitely" (see subsection 4(1) of that Act).
    39 For the purpose of determining whether an impairment is permanent under the DRCA, the assessor must have regard to all of the matters in subsection 24(2) of that Act, namely the following:

      (a)   the duration of the impairment;

      (b)   the likelihood of improvement in the employee's condition;

      (c)    whether the employee has undertaken all reasonable rehabilitative treatment for the impairment;

      (d)   any other relevant matters.
    40 An impairment will generally be