South Australian Numbered Acts South Australian Numbered Acts72—No damages unless whole person impairment of at least 30%
(1) No damages may be awarded against an employer except in circumstances that are consistent with the operation of this Part and unless the injury results in—
(a) a degree of permanent impairment of the worker that is at least 30%; or
(b) the death of the worker.
(2) The degree of permanent impairment resulting from an injury is to be assessed—
(a) under Part 2 Division 5; or
(b) if relevant, under Part 8,
and if there is a difference between an assessment under paragraph (a) and an assessment under paragraph (b), the assessment under paragraph (b) applies and if there is a difference between an earlier decision of the Tribunal under Part 8 and a later decision of a court under the same Part, the decision of the court prevails.
(3) In assessing whether the 30% threshold referred to in subsection (1) has been met (that is, whether the degree of permanent impairment resulting from an injury is at least 30%)—
(a) impairment resulting from physical injury is to be assessed separately from impairment resulting from psychiatric injury; and
(b) in assessing impairment resulting from physical injury or psychiatric injury, no regard is to be had to impairment that results from consequential mental harm; and
(c) in assessing the degree of permanent impairment resulting from physical injury, no regard is to be had to impairment that results from a psychiatric injury or consequential mental harm; and
(d) the 30% threshold is not met unless the degree of permanent impairment resulting from physical injury is at least 30% or the degree of permanent impairment resulting from psychiatric injury is at least 30%.