Relevance of this question

Relevance of this question

This question is testing the entitlement of male clients to compensation under s 40 of the 1971 Act which provided for compensation for losses to the genitals and the total and permanent loss of capacity to engage in sexual intercourse.  Section 40 relevantly states:

40(1)The compensation payable under this Act in respect of an injury that results in the loss of the genitals or the total and permanent loss of the capacity to engage in sexual intercourse is $14,000 or such higher amount as is prescribed and is payable to the employee.

40(1A)The compensation payable under this Act in respect of an injury that results in the partial loss of the genitals but not the total and permanent loss of the capacity to engage in sexual intercourse is an amount equal to 50% of the amount of compensation payable under sub-section (1) and is payable to the employee.