Victorian Numbered Acts

ACCIDENT COMPENSATION (AMENDMENT) ACT 2005 (NO 28 OF 2005) - SECT 18

For section 91(3A) of the Accident Compensation Act 1985 substitute —

    "(3AA)     In the case of a further injury, for the purposes of assessing the degree of impairment of the whole person resulting from binaural hearing impairment from which the worker was suffering immediately after the further injury in respect of which the claim is made, the percentage of the diminution of hearing is to be determined in accordance with sub-section (4) and converted in accordance with sub-section (3).

    (3A)     In the case of a further injury, for the purposes of assessing the degree of impairment of the whole person resulting from binaural hearing impairment in respect of prior injury or prior hearing loss, the percentage of the diminution of hearing is to be determined in accordance with sections 89(3C) and 89(3D) and converted as follows—

        (a)     if the binaural loss of hearing is less than 10 per cent NAL, the degree of impairment is equal to that per cent (rounded up to the next whole number);

        (b)     if the binaural loss of hearing is 10 per cent NAL, the degree of impairment is 10 per cent;

        (c)     if the binaural loss of hearing is more than 10 per cent NAL, the degree of impairment is the percentage equivalent of the number (rounded up to the next whole number) given by the formula—

10 + [0·278 (NAL − 10)]—

where NAL is the percentage of diminution of hearing determined in accordance with sections 89(3C) and 89(3D).".