Document ID: chunk:federal_register_of_legislation:F2023L00203:clause:1_10
Version: federal_register_of_legislation:F2023L00203
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 23871–25374

10         Paragraph 28(1)(a) of the SRC Act provides that the Guide may set out criteria 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 Act 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 Act 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) may be 0%.
    11         Whole person impairment is the methodology used in this Guide in accordance with section 28 of the SRC Act 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 Act even if there is an increase in the employee's whole person impairment when assessed in accordance with this Guide.