(1) Subject to
Schedule 7 and this section, a worker suffering from noise induced hearing
loss shall be entitled to compensation for that loss under item 6 of Part 1 of
the table set out in Schedule 2 if the worker so elects as provided by
section 24B, but the compensation payable for that hearing loss shall, subject
to the provisions of this Act relating to Schedule 2, be in accordance with
the percentage ratio of the prescribed amount indicated in column 2 of Part 1
of the table set out in Schedule 2 in respect of item 6 at the date of the
audiometric test under Schedule 7 that showed that a loss or diminution of the
worker’s hearing had been incurred, irrespective of when the worker so
elects.
(2) A worker is
entitled to compensation under this section only in respect of noise induced
hearing loss incurred after the date on which this section comes into
operation and —
(a) in
respect of the worker’s first election under this section, where that
noise induced hearing loss is at least a 10% loss of hearing; and
(b) in
respect of a subsequent election by the worker under this section after a
successful first election under paragraph (a) —
(i)
where that noise induced hearing loss is at least a
further 5% loss of hearing; or
(ii)
where that noise induced hearing loss is any further
percentage of loss of hearing and at the time of the subsequent election the
worker is retired from work.
(3) Nothing in
subsection (2) operates to stop a worker who —
(a) has
retired from work; and
(b) has
made a successful election under subsection (2)(b)(ii); and
(c)
subsequently returns to work,
from making an
election under subsection (2)(b) in respect of further loss of hearing.
(4) A worker is not
entitled to compensation under this section in respect of noise induced
hearing loss incurred after the worker has attained the age of 65 years if the
hearing loss occurred before the day on which the Workers’ Compensation
and Injury Management Amendment Act 2011 section 82 comes into operation.
(5) In subsection (2),
loss of hearing means percentage loss of hearing calculated in accordance with
the National Acoustic Laboratory Tables prescribed.
(6) Schedule 7 applies
and noise induced hearing loss shall be ascertained and measured for the
purposes of this section in accordance with that Schedule.
[Section 24A inserted: No. 36 of 1988 s. 6;
amended: No. 42 of 2004 s. 16; No. 31 of 2011 s. 82.]