Victorian Numbered Acts Victorian Numbered Acts(1) In section 98C of the Accident Compensation Act 1985 , before subsection (1) insert —
"(1A) In this section—
"spinal impairment" means a whole person impairment derived solely in accordance with section 3.3 of Chapter 3 of the A.M.A. Guides, without inclusion of any other impairment.".
(2) In section 98C of the Accident Compensation Act 1985 , for subsections (2) and (2A) substitute —
"(2) The amount of the non-economic loss in respect of permanent impairment (other than psychiatric impairment and industrial deafness in respect of a further injury) is to be calculated as at the date of the relevant injury as follows—
(a) if the worker's impairment benefit rating is less than 10%—the amount of the non-economic loss is zero;
(b) subject to section 265, if the worker's impairment benefit rating—
(i) is a modified whole person impairment (within the meaning of subsection (2A)(a)(i)) and is not less than 10% and less than 11%—the amount of the non-economic loss is to be determined in accordance with the formula—
$10 570 + [(D – 10) × $9 010];
(ii) is a modified spinal impairment (within the meaning of subsection (2A)(a)(ii)) and is not less than 10% and less than 11%—the amount of the non-economic loss is to be determined in accordance with the formula—
{$10 570 + [(D – 10) × $9010]} × 1.1;
(c) if the worker's
impairment benefit rating—
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(i) is not less than 10% and not more than 30% and paragraph (b) does not apply to the worker—the amount of the non-economic loss is to be determined in accordance with the formula—
$17 040 + [(D – 10) × $2560];
(ii) is a spinal impairment (within the meaning of subsection (2A)(a)(ii) or (iii)) and is not less than 10% and less than 30% and paragraph (b) does not apply to the worker—the amount of the non-economic loss is—
(A) the amount determined in accordance with the formula—
{$17 040 + [(D – 10) × $2560]} × 1.1; or
(B) $68 240—
whichever is the lesser;
(d) if the worker's impairment benefit rating is more than 30% and not more than 70%—the amount of the non-economic loss is to be determined in accordance with the formula—
$68 160 + [(D – 30) × $4250];
(e) if the worker's impairment benefit rating is more than 70% and not more than 80%—the amount of the non-economic loss is—
(i) the amount determined in accordance with the formula—
$237 370 + [(D – 70) × $26 570]; or
(ii) $503 000—
whichever is the lesser;
(f) if the worker's impairment benefit rating is more than 80%—the amount of the non-economic loss is $503 000—
where D is the worker's impairment benefit rating expressed as a number.
(2A) For the purposes of subsection (2), a worker's impairment benefit rating is—
(a) if the worker's degree of impairment consists of, or includes, a whole person impairment assessed in accordance with Chapter 3 of the A.M.A. Guides and that whole person impairment is not less than 5% and not more than 29%—
(i) subject to section 265, the modified whole person impairment set out in column 2 of Schedule 2 opposite the relevant whole person impairment as assessed in accordance with Chapter 3;
(ii) subject to section 265, the modified whole person impairment set out in column 2 of Schedule 2 opposite the relevant whole person impairment as assessed in accordance with Chapter 3 for a spinal impairment;
(iii) if subparagraph (ii) does not apply, the worker's degree of impairment as assessed in accordance with Chapter 3 for a spinal impairment;
(iv) the worker's degree of impairment—
whichever provides the worker with the higher amount for non-economic loss under subsection (2);
(b) in any other case, the worker's degree of impairment.
Note
Subsections (2)(b) and (2A)(a)(i) and (ii) do not apply with respect to injuries that occurred before the date of commencement of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003 —see section 265.".
(3) In section 98C(3) of the Accident Compensation Act 1985 , for paragraphs (b), (c) and (d) substitute —
"(b) if the worker's degree of impairment is 30%—the amount of the non-economic loss is to be determined, subject to subsection (3AA), in accordance with the formula—
$17 040 + [(D – 10) × $2560];
(c) if the worker's degree of impairment is more than 30% and not more than 70%—the amount of non-economic loss is the amount determined, subject to subsection (3AA) , in accordance with the formula—
$68 160 + [(D – 30) × $4250];
(d) if the worker's degree of impairment is more than 70% and not more than 80%—the amount of the non-economic loss is—
(i) the amount
determined in accordance with the formula—
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$237 370 + [(D – 70) × $26 570]; or
(ii) $503 000—
whichever is the lesser;".
(4) In section 98C(3)(e) of the Accident Compensation Act 1985 , for "$355 650" substitute "$503 000".
(5) After section 98C(3) of the Accident Compensation Act 1985 insert —
"(3AA) In relation to a relevant injury sustained on or after 3 December 2003 and before 1 July 2010—
(a) a reference to an amount in dollars referred to in subsection (3)(b) is a reference to the corresponding amount in dollars applying at the time of the injury under section 98C(2)(c) as then in force in respect of permanent impairment;
(b) a reference to an amount in dollars referred to subsection (3)(c) is a reference to the corresponding amount in dollars applying at the time of the injury under section 98C(2)(d) as then in force in respect of permanent impairment.
(3AB) In relation to a relevant injury sustained on or after 3 December 2003 and before 1 July 2010, a reference to an amount in dollars referred to in paragraph (b), (c) or (d) of section 98C(2) is a reference to the corresponding amount in dollars applying at the time of the injury under that paragraph as then in force.
(3AC) In relation to a relevant injury sustained before 3 December 2003—
(a) a reference to an amount in dollars referred to in subsection (3)(b) is a reference to the corresponding amount in dollars applying at the time of the injury under section 98C(2)(b) as then in force in respect of permanent impairment;
(b) a reference to an amount in dollars referred to in subsection (3)(c) is a reference to the corresponding amount in dollars applying at the time of the injury under section 98C(2)(c) as then in force in respect of permanent impairment.
(3AD) In relation to a relevant injury sustained before 3 December 2003, a reference to an amount in dollars referred to in paragraph (b) or (c) of section 98C(2) is a reference to the corresponding amount in dollars applying at the time of the injury under that paragraph as then in force.".
(6) After section 98C(6) of the Accident Compensation Act 1985 , insert —
"(6A) Subject to subsections (6B) and (6C), if a worker sustains an injury, other than industrial deafness, that occurs by way of gradual process over time, the injury is deemed to have been sustained on the last day on which the worker was—
(a) performing duties; or
(b) exposed to conditions—
by reason of which the injury was due to the nature of the worker's employment or arose out of or in the course of the worker's employment.
(6B) Subject to subsection (6C), if a worker sustains an injury that occurs by way of gradual process over time and on the day on which the worker gives, serves or lodges a claim for compensation in respect of the injury, the worker is still—
(a) performing duties; or
(b) exposed to conditions—
by reason of which the injury is due to the nature of the worker's employment or arises out of or in the course of employment, the injury is deemed to have been sustained on that day.
(6C) For the purposes of subsections (6A) and (6B), the Minister may make guidelines specifying considerations and circumstances to be considered in determining whether subsection (6A) or (6B) applies in respect of an injury that occurs by way of gradual process over time.
(6D) Guidelines made under subsection (6C) must be published—
(a) in the Government Gazette; and
(b) on a Government Internet website.".
(7) In section 98C of the Accident Compensation Act 1985 , in subsections (7) and (8) for "$355 650" substitute "$503 000".
(8) After section 98C(10) of the Accident Compensation Act 1985 insert —
"(11) Despite anything to the contrary in this section or section 98E, a worker is not entitled to an amount of compensation for non-economic loss under this section or section 98E or both that exceeds the maximum amount payable under this section as in force at the date of the relevant injury.".