Hansard - ACT Legislative Assembly

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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3555 ..

8T Compensation for loss of sexual organs

The following percentages of the single loss amount are payable for the loss of sexual organs (subject to the maximum percentage of 47% and without limiting compensation for the loss of another sexual organ):

(a) the percentage payable for loss of the penis is 47%;

(b) the percentage payable for loss of 1 testicle is 10%;

8U Loss of bowel function

To work out whether and to what extent a worker has suffered permanent loss of bowel function-

(a) the bowel is taken to include the anal sphincter; and

(b) permanent ileostomy and permanent colostomy are each taken to constitute permanent loss of bowel function for which the maximum percentage is payable.

8V Proportionate loss of use (NSW WCA s 68)

(1) If a loss suffered by a worker consists of the loss of a proportion, but not all, of a thing mentioned in schedule 1 (Compensation for permanent injuries), a percentage of the compensation payable for the total loss of the thing equal to the percentage lost by the worker is payable as compensation under section 8O (Compensation for permanent injuries generally).

(2) In working out the extent of the loss of the thing, the extent to which the loss, or the effect of the loss, may be reduced or limited by an external removable aid or appliance is not to be taken into account.

(3) The amount of compensation payable for a particular case must, unless decided by agreement, be worked out by arbitration under this Act.

8W Special provisions for HIV/AIDS (NSW WCA s 67A)

(1) Compensation is not payable under section 8O (Compensation for permanent injuries generally) for a loss that is related to HIV infection or AIDS if the HIV or AIDS was contracted during voluntary sexual activity or illicit drug use.

(2) Section 8V does not apply to a loss that is HIV infection or AIDS.

(3) In this section:

AIDS means Acquired Immune Deficiency Syndrome.

HIV infection means an infection by the Human Immunodeficiency Virus.

8X Deduction for previous injury or pre-existing condition

(NSW WC s 68A (1), (2), (6) and (8))

(1) In working out the compensation payable under this part for a loss (the initial loss ), an amount must be deducted from the compensation (the deductible proportion ) for any proportion of the loss attributable to-

(a) a previous injury (whether or not it is an injury for which compensation has been paid, or is payable, under this part); or

(b) a pre-existing condition or abnormality.

(2) In subsection (1), it does not matter whether the initial loss is a total or partial loss.

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