Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 213

S. 213(1) amended by No. 10/2022 s. 66(2).

    (1)     Despite section 211(1), the amount of non‑economic loss in respect of industrial deafness in respect of a further hearing injury is to be calculated as at the relevant date as follows—

        (a)     if T is not less than 10 per cent and not more than 30 per cent and P is less than 10 per cent—the amount of the non-economic loss is to be determined in accordance with the formula—

[(T − 10) × $2830] + [(10 − P) × $1860];

        (b)     if T is not less than 10 per cent and not more than 30 per cent and P is not less than 10 per cent—the amount of the non-economic loss is to be determined in accordance with the formula—

[(T − P) × $2830];

        (c)     if T is more than 30 per cent and P is less than 10 per cent—the amount of the non‑economic loss is to be determined in accordance with the formula—

[(T − 30) × $4700] + [(30 − 10) × $2830] + [(10 − P) × $1860];

        (d)     if T is more than 30 per cent and P is not less than 10 per cent and is less than 30 per cent—the amount of the non-economic loss is to be determined in accordance with the formula—

[(T − 30) × $4700] + [(30 − P) × $2830];

        (e)     if T is more than 30 per cent and P is not less than 30 per cent—the amount of the non‑economic loss is to be determined in accordance with the formula—

[(T − P) × $4700]—

where—

        T     is the percentage referred to in section 61(2)(a) rounded up to the next whole number, after that percentage has been converted in accordance with section 63(1);

        P     is the total percentage referred to in section 61(2)(b) rounded up to the next whole number, after that percentage has been converted in accordance with section 63(3).

    (2)     Compensation payable under this section for industrial deafness is the amount of compensation calculated—

        (a)     if the date of injury is deemed under section 60(1) to be the last day of the worker's employment out of which or in the course of which the injury arose—as at that day; or

        (b)     if the date of injury is deemed under section 60(2) to be the date of the claim—as at the day on which the compensation is determined.