Victorian Numbered Acts

ACCIDENT COMPENSATION (AMENDMENT) ACT 2005 (NO 28 OF 2005) - SECT 19

For section 98C(3A) of the Accident Compensation Act 1985 substitute —

    '(3A)     Despite sub-section (1), the amount of non-economic loss in respect of industrial deafness in respect of a further injury is to be calculated as at the date of the relevant injury as follows—

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

[( T − 10) × $2220] + [(10 − P ) × $1481];

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

[( T − P ) × $2220];

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

[( T − 30) × $3700] + [(30 − 10) × $2220] + [(10 − P ) × $1481];

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

[( T − 30) × $3700] + [(30 − P ) × $2220];

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

[( T − P ) × $3700]—

where—

        "T"     is the percentage referred to in section 89(3)(a) rounded up to the next whole number, after that percentage has been converted in accordance with section 91(3);

        "P"     is the total percentage referred to in section 89(3)(b) rounded up to the next whole number, after that percentage has been converted in accordance with section 91(3A).'.