Section 29 (4)

“Without limiting the matters that Comcare may take into account in determining the attendant care services that are reasonably required in a particular case, Comcare shall, in making such a determination, have regard to the following matters:

(a)the nature of the employee's injury and the degree to which that injury impairs his or her ability to provide for his or her personal care;

This is a common-sense provision, looking at the severity of the employee's condition.

Example 1 is likely to need attendant care, while Example 2 is probably quite able to look after most aspects of his own personal care.  In Example 1 though, careful consideration must be given to whether the services provided are attendant care and not nursing care (which is medical treatment).

(b)the extent to which any medical service or nursing care received by the employee provides for his or her essential and regular personal care;

There is really no point in doubling up on services, where other care is being provided that looks after the employee's all round needs.

(c)the extent to which it is reasonable to meet any wish by the employee to live outside an institution;

Where having attendant care precludes the employee from living within an institution, this is a very reasonable basis for claiming for this service.

(d)the extent to which attendant care services are necessary to enable the employee to undertake or continue employment;

Remember the case of the employee who was working full time but required household services to maintain her in full time work?  This is the same sort of thing.

It may well be that, while the employee requires major assistance every day to eat and get ready for work, he or she is still able to work, provided that the assistance is given.  This will be particularly true in cases of extreme disablement.

(e)any assessment made in relation to the rehabilitation of the employee;

(f)the extent to which a relative of the employee might reasonably be expected to provide attendant care services.”

Maybe the employee has a partner who is at home looking after the children.  Under such circumstances, it would be reasonable to assume that he or she would provide primary attendant care services for the employee.  Be careful with this provision.  Objectivity is needed about what is 'reasonable'.