You are here

5.6.1 Compensation for Hearing Loss is Affected by Legislative Changes

Document

Entitlement to compensation for hearing loss, the amount of compensation paid, and the Act under which it is paid, is affected by a number of factors:

  • the Date of Injury (i.e. date of first medical treatment/date of first hearing test showing hearing loss)
  • the date of last exposure to noise
  • the percentage of binaural loss of hearing  (PHL) suffered
  • whether the period of hearing loss is affected by the transitional provisions (i.e. injury commenced before the 1971 Act was repealed on 1 December 1988). Hearing loss claims in this category may be affected by a special policy for a 1988 hearing claim to be treated under the 1971 Act
  • whether the period of hearing loss includes any period after the commencement of Part 9 of the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 (the SRCOLA Act) on 1 October 2001.

The following table sets out the effects of policy and legislation on entitlement to compensation:

Transitional Cases

Date of Injury

Date of Last Exposure to Noise

Percentage of Binaural Loss of Hearing  (PLH)

Effect on Entitlement to Compensation for Hearing Loss

pre-1/9/1971

pre-1/9/1971

> 0%

Entitled to receive compensation under the 1930 Act

pre-1/12/1988

pre-1/12/1988

> 0%

Entitled to receive compensation under the 1971 Act

pre-1/12/1988

post-30/11/1988

pre-1/10/2001

less than 20%

Entitled to elect to be treated under 1971 Act and paid pro-rata amount for period of exposure under the 1971 Act
OTHERWISE
Not entitled to compensation under the SRCA as 20% threshold not reached and exposure to noise has ceased

pre-1/12/1988

post-30/11/1988

pre-1/10/2001

20% or more

Entitled to compensation – all paid under SRCA

pre-1/12/1988

post-30/9/2001

less than 5%

Entitled to elect to be treated under 1971 Act and paid pro-rata amount for period of exposure under the 1971 Act OR
Wait until PLH meets 5% post-SRCOLA threshold

pre-1/12/1988

post-30/9/2001

5%-19%

Entitled to compensation under post-SRCOLA threshold – no requirement to pro-rata between SRC & SRCOLA periods – all paid under SRCA

pre-1/12/1988

post-30/9/2001

20% or more

Entitled to compensation – all paid under SRCA


SRCA Cases

Date of Injury

Date of Last Exposure to Noise

Percentage of Binaural Loss of Hearing Loss (PLH)

Effect on Entitlement to Compensation for Hearing Loss

post-30/11/1988

pre-1/10/2001

less than 20%

Not entitled to compensation

post-30/11/1988

pre-1/10/2001

20% or more

Entitled to compensation

SRCOLA Act Cases

Date of Injury

Date of Last Exposure to Noise

Percentage of Binaural Loss of Hearing (PLH)

Effect on Entitlement to Compensation for Hearing Loss

post-30/11/1988 pre-1/10/2001

post-30/9/2001

less than 5%

Not entitled to compensation

post-30/11/1988 pre-1/10/2001

post-30/9/2001

5%–19%

Entitled to compensation under post-SRCOLA threshold – not required to pro-rata between SRC & SRCOLA periods

post-30/11/1988 pre-1/10/2001

post-30/9/2001

20% or more

Entitled to compensation

post-30/9/2001

post-30/9/2001

less than 5%

Not entitled to compensation

post-30/9/2001

post-30/9/2001

5% or more

Entitled to compensation

MRCA Cases – where there is service before, and on or after, 1 July 2004.

Date of Injury

Date of Last Exposure to Noise

Contribution

Effect on Entitlement to Compensation for Hearing Loss

pre-1/7/2004

pre-1/7/2004

Contribution from pre 1 July service only

Normal SRCA rules apply.

post-1/7/2004

pre-1/7/2004

Contribution from pre 1 July service only

Normal SRCA rules apply.

pre-1/7/2004

and

post-1/7/2004

post-1/7/2004

Evidence of diagnosable hearing loss from service prior to 1 July 2004, with further hearing loss from service on and after 1 July 2004

Liability must be considered under both the SRCA and MRCA.

The most recent audiogram prior to 1 July 2004 is used to diagnose the level of SRCA hearing loss.  Any hearing loss diagnosed from audiograms post 1 July 2004 is MRCA hearing loss.

PI compensation can be considered entirely under MRCA provided that the MRCA PI threshold is met and the hearing loss has not previously been compensated under the SRCA.

post-1/7/2004

post-1/7/2004

Evidence of hearing loss from service before, and on or after, 1 July 2004.  But no physical evidence of a diagnosable (via an audiogram) hearing loss prior to 1 July 2004

All Considered under MRCA.

*SRCAMRCA Transitional cases – where there is evidence of diagnosable hearing loss from service prior to 1 July 2004 with further hearing loss from service on and after 1 July 2004

SRCA

MRCA

If Combined

Determine IL under SRCA

Determine IL under MRCA

PI Paid under SRCA

PI Paid under MRCA

Meets T/hold?

X

X

X

3

3

0

0

Meets T/hold?

X

X

3

3

3

0

Total loss paid under MRCA

Meets T/hold?

X

3

3

3

3

0

Total loss paid under MRCA

Meets T/hold?

3

X

3

3

3

SRCA paid for hearing loss accepted under that Act

Amount payable is amount that would be payable for total loss  under MRCA minus SRCA paid

Meets T/hold?

3

3

3

3

3

SRCA paid for hearing loss accepted under that Act

Amount payable is amount that would be payable for total loss under MRCA minus SRCA paid.