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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3491 ..

(2) The worker is not entitled to receive compensation for the compensable injury under the following items of schedule 1 (Compensation for permanent injuries):

(a) item 2 (loss of sense of taste or smell);

(b) item 3 (loss of senses of taste and smell);

(c) item 41 (loss of sexual organs);

(d) item 42 (loss of both breasts);

(e) item 43 (loss of 1 breast);

(f) item 44 (permanent and total loss of capacity to engage in sexual intercourse);

(g) item 49 (severe facial disfigurement);

(h) item 50 (severe bodily disfigurement).

Part 4.5 Compensation for medical treatment, damage and other costs

9E Application of pt 4.5 (ACT WCA s 11 (1))

This part applies if-

(a) compensation under this Act is payable by an employer to, or in relation to, a worker in relation to an injury; or

(b) the operation of section 9 (No compensation for less than 6% hearing loss) means no compensation is payable by an employer to, or in relation to, a worker in relation to an injury; or

(c) compensation would be payable by an employer to, or in relation to, a worker in relation to an injury except that-

(i) the worker is not incapacitated for work; or

(ii) the worker is imprisoned (see section 10F); or

(iii) weekly compensation has been suspended under section 10ZI (Compliance by workers); or

(iv) the worker has contravened this Act.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).

9F Employer liability for medical treatment and damage

(1) The employer is liable to pay-

(a) for the cost of medical treatment reasonably obtained in relation to the injury-an amount of compensation appropriate for the provision of the medical treatment, having regard to the charges customarily made for similar medical treatment in the place where the treatment is obtained; and

(b) in relation to any damage to, or loss of, the worker's clothing sustained in association with the injury-compensation of a reasonable amount for the repair or replacement of the damaged or lost clothing.

(2) However, the total amount payable under subsection (1) for each of the following must not be more than the maximum amount:

(a) for the cost of medical treatment consisting of the repair or replacement of a worker's contact lenses, crutches, prosthesis, spectacles or other artificial aid;

(b) for damage to or loss of a worker's clothing.

(3) In subsection (2):

25 maximum amount , in relation to a treatment, damage or loss, means-

(a) if an amount has been agreed between the worker and employer-that amount; or

(b) in any other case-$500 cpi indexed.

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