Victorian Current Acts Victorian Current ActsIn this Part—
A.M.A. Guides means the American Medical Association's Guides to the Evaluation of Permanent Impairment (Fourth Edition) (other than Chapter 15) as modified by or under this Part;
S. 28LB def. of approved medical practitioner amended by No. 67/2013 s. 649(Sch. 9 item 36(4)(a)).
"approved medical practitioner" means—
(a) if a training course has been approved under section 91(1)(b) of the Accident Compensation Act 1985 or section 54(1)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013 , a medical practitioner who has successfully completed the course; or
(b) if a training course has not been so approved, a medical practitioner;
S. 28LB def. of asbestos-related condition inserted by No. 2/2015 s. 3.
"asbestos-related condition" has the same meaning as in the Asbestos Diseases Compensation Act 2008 ;
S. 28LB def. of certificate of assessment amended by No. 102/2003 s. 13(1).
"certificate of assessment" means a certificate provided under section 28LN or 28LNA;
"claimant" means a person who makes or is entitled to make a claim for damages that relate to the injury to a person caused by the fault of another person;
S. 28LB def. of Convenor amended by No. 67/2013 s. 649(Sch. 9 item 36(4)(b)).
"Convenor" means the Convenor or Deputy Convenor appointed under section 537 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;
"court" includes tribunal and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined;
"fault" includes act or omission;
S. 28LB def. of impairment inserted by No. 102/2003 s. 13(2).
"impairment" means permanent impairment;
"injury" means personal or bodily injury and includes—
(a) pre-natal injury; and
(b) psychological or psychiatric injury; and
(c) disease; and
(d) aggravation, acceleration or recurrence of an injury or disease;
S. 28LB def. of Medical Panel amended by No. 67/2013 s. 649(Sch. 9 item 36(4)(c)).
"Medical Panel" means a Medical Panel under the Workplace Injury Rehabilitation and Compensation Act 2013 ;
S. 28LB def. of medical practitioner amended by Nos 97/2005 s. 182(Sch. 4 item 55(a)), 13/2010 s. 51(Sch. item 62.1).
"medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) and, in relation to anything done for the purposes of this Act in a place outside Victoria, includes a medical practitioner who is lawfully qualified under a law in force in that place to do that thing;
S. 28LB def. of medical question substituted by No. 102/2003 s. 13(3).
"medical question" in relation to a claim for damages, means a question as to whether the degree of impairment resulting from injury to the claimant alleged in the claim satisfies the threshold level;
"non-economic loss" means any one or more of the following—
(a) pain and suffering;
(b) loss of amenities of life;
(c) loss of enjoyment of life;
S. 28LB def. of registered health practitioner substituted by Nos 97/2005 s. 182(Sch. 4 item 55(b)), 13/2010 s. 51(Sch. item 62.2), amended by No. 27/2012 s. 30.
"registered health practitioner" means—
(a) a medical practitioner; or
(b) a person registered under the Health Practitioner Regulation National Law—
(i) to practise in the dental profession as a dentist (other than as a student); and
(ii) in the dentists division of that profession; or
(c) a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student); or
(ca) a person registered under the Health Practitioner Regulation National Law to practise in the occupational therapy profession (other than as a student); or
(d) a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student); or
(e) a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student); or
(f) a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student); or
(g) a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student); or
(h) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or
(i) a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession—
(i) in the Division of Chinese herbal medicine practitioner; or
(ii) in the Division of Acupuncturists;
"respondent", in relation to a claim, means the person against whom the claim is made;
S. 28LB def. of threshold level substituted by No. 62/2015 s. 11.
"threshold level" means—
(a) in the case of injury (other than psychiatric injury or spinal injury), impairment of more than 5 per cent;
(b) in the case of psychiatric injury, impairment of 10 per cent or more;
(c) in the case of spinal injury, impairment of 5 per cent or more.
S. 28LC inserted by No. 60/2003 s. 4.