3.5.2 Each injury must be assessed separately

Where an injury results in a PI and a veteran is entitled to compensation under section 24 of the DRCA, they are also entitled to a separate payment under section 27 of the DRCA for NEL suffered as a result of that injury. This principle is consistent with the High Court’s reasoning in Canute v Comcare [2006] HCA 47.

In assessing each injury separately, NEL scores cannot be ‘offset’ against a NEL score determined for a separate or previous injury. Delegates must focus on the subjective effects of the relevant injury on the veteran’s lifestyle, without taking into account the lifestyle effects that arose from a separate or previous injury.

For more information about the assessment and calculation of NEL compensation and policy guidance with examples, see Chapter 5.7 Calculation of Entitlement for Non-Economic Loss.