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Faculty of Law, University of Sydney
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Editors --- "Corrigendum" [2017] SydLawRw 26; (2017) 39(4) Sydney Law Review 623


Date issued: 28 November 2017

Change to: Volume 39 Number 3 September 2017 issue since the original version was published.

Article: Prue Vines, Matthew Butt and Genevieve Grant, ‘When Lump Sum Compensation Runs Out: Personal Responsibility or Legal System Failure?’ [2017] SydLawRw 16; (2017) 39(3) Sydney Law Review 365.

Page 378: The paragraph beginning ‘In NSW...’ should read:

In NSW, the legislation in force is the Workers Compensation Act 1987 (NSW).[55] This abolished an employee’s entitlement to damages for an injury in respect of which the employer was liable to pay workers compensation.[56] Common law rights were partially restored by the Workers Compensation (Benefits) Amendment Act 1989 (NSW). Since then, common law rights have had varying thresholds and entitlements. A 15% threshold for permanent impairment was introduced by the Workers Compensation Legislation Further Amendment Act 2001 (NSW) and continues to apply.[57] Compensation for non-economic loss in the context of common law claims was abolished.[58] Where the claim is not a common law claim, statutory compensation for permanent impairment may be awarded if the physical injury exceeds a threshold of 10% whole person impairment;[59] for psychological/ psychiatric injury, the threshold is 15% whole person impairment.[60]

[55] The latest amendment is the Regulatory and Other Legislation (Amendments and Repeals) Act 2016 (NSW).

[56] Workers Compensation Act 1987 (NSW) ss 149150 (as originally enacted).

[57] Ibid s 151H.

[58] Ibid s 151G.

[59] Ibid s 66.

[60] Ibid s 65A.

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