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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3553 ..


8O Compensation for permanent injuries generally

(ACT WCA s 10D and s 10F, NSW WCA s 66)

(1) A worker who has suffered a loss mentioned in an item of schedule 1 as the result of a compensable injury is entitled to receive from the worker's employer, as compensation for the loss, the percentage of the single loss amount mentioned in that item.

(2) For this section, the loss is to be worked out when the last of the following happens:

9. the worker's employer became liable to pay compensation;

10. it is unlikely that there will be an improvement or further improvement in the use, or efficient use, of the injured part of the body.

(3) If a payment of compensation under this part has been made in relation to an injury, nothing prevents a further payment of compensation under this part from being made in relation to the same injury if there is an increase in the loss of the efficient use of the injured part of the body.

Example of loss of efficient use of injured part of body

A loss, or further loss, of sight in an injured eye.

8OA Actuarial review and back, neck and pelvis impairments

(1) This section applies to the following items in schedule 1 (the disallowable items ):

(a) item 46-permanent impairment of back;

(b) item 47-permanent impairment of neck;

(c) item 48-permanent impairment of pelvis.

(2) As soon as practicable after 1 July 2003, the Minister must commission a report from an actuary who has expertise in workers compensation insurance about the actuarial effect of the amendments made by the Workers Compensation Amendment Act 2001 to this Act over the period 1 July 2002 to 30 June 2003 and, in particular, the actuarial effect of the inclusion of the disallowable items in schedule 1 over that period.

(4) A copy of the report must be presented to the Legislative Assembly on the first sitting day after 1 February 2004.

(5) Notice of motion to disallow any of the disallowable items (a notified item ) may be given to the Legislative Assembly within 6 sitting days after the report is presented to the Assembly.

(6) If the Legislative Assembly passes a resolution to disallow a notified item, schedule 1 is taken to be amended by omitting the item.

(7) For this section, the Legislative Assembly is taken to have passed a resolution to disallow a notified item if, at the end of 6 sitting days after notice is given-

(a) the notice has not been withdrawn and the motion has not been called on; or

(b) the motion has been called on and moved, but has not been withdrawn or otherwise disposed of.


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