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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3490 ..

9B Employer's responsibility to pay for hearing loss tests

(1) If an employer would, apart from section 9 (No compensation for less than 6% hearing loss), be liable to pay compensation under section 8O (Compensation for permanent injuries generally) for a worker's hearing, the employer is liable under this chapter to pay the cost of only the following hearing tests for the loss:

(a) a test carried out at least 3 years after any previous test that the employer has paid for;

(b) a test that finds that the worker has suffered a total hearing loss because of boilermakers deafness of 6% or more;

(c) a test carried out after the worker has left the worker's employment with the employer if the hearing loss is attributable to the employment;

(d) a test carried out by a doctor, or audiologist, using an audiogram to work out the level of hearing loss.

(2) The cost of a hearing test for the worker is the cost of obtaining a medical certificate, and any examination required for the certificate, about the extent of the worker's hearing loss.

(3) This section does not require payment by an employer for the cost of obtaining a hearing test that the employer would not otherwise be liable to pay for under this chapter.

(4) In this section:

23 total hearing loss means the total of the present loss and all previous losses of hearing because of boilermakers deafness.

9C Reimbursement for costs of medical certificate and examination (NSW WCA s 73)

(1) Obtaining a medical certificate, and any examination required for the certificate, is taken to be medical or related treatment for this chapter if the worker gives the employer a copy of the certificate.

(2) In this section:

24 medical certificate means a report or certificate of a doctor that certifies-

(a) that a worker has suffered a loss mentioned in schedule 1 (Compensation for permanent injuries); or

(b) the extent of the loss to allow the amount of compensation payable for the loss to be worked out.

9D Limited entitlement if death happens within 3 months

(1) This section applies if-

(a) a worker has received a compensable injury; and

(b) the worker dies within 3 months after receiving the compensable injury because of the compensable injury or another injury received at the same time.

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