26 September 2023

Comcare seeks comment on injury decisions

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Comcare is calling for feedback on proposed changes to how permanent injuries from workplace incidents should be assessed for compensation purposes.

Releasing its draft Guide to the Assessment of the Degree of Permanent Impairment (Edition 3) and a consultation paper, Comcare said the revised Guide would be used for assessing compensation claims for permanent impairment and non-economic loss made under the Safety, Rehabilitation and Compensation Act 1988, the SRC Act.

“Please note that Comcare has decided to re-make the current guide and is not proposing to adopt the Safe Work Australia national guide template as previously indicated,” Comcare said.

“While we are proposing to remake the current guide, Comcare is taking the opportunity to make minor amendments to correct identified errors in the current guide.”

It said the revised Guide would repeal Part 2 of the current Guide, omitting Defence-related claims.

It said Part 2 of the current guide deals with the assessment of Defence-related claims made under the Safety, Rehabilitation and Compensation Act 1988 by members of the Defence Force in relation to injuries which occurred during Defence service before 1 July 2004.

Comcare said the revised Guide also included changes to form and content to comply with modern drafting practices recommended by the Office of Parliamentary Counsel (OPC), gender neutral language, and improvements to paragraph numbering to assist referencing.

Comcare’s 147-page draft Guide can be accessed at this PS News link and its 11-page Stakeholder Consultation Paper at this link.

Consultation on the Guide closes on 14 October.

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