Legislation In This Volume

The Act is quite succinct in relation to claims for permanent impairment benefits. There are very few sections of the Act to consider and very clear guidelines about how to determine claims of this nature.

Relevant sections of the Act are:

SECTION OF ACT	DESCRIPTION
4	Section 4 defines terminology used in the SRC Act relating to permanent impairment.
24	Section 24 includes the permanent impairment provisions, outlining final impairment payment details.
25	Section 25 deals with interim impairment payments where the impairment threshold has been met, but the impairment is continuing to deteriorate. Non-economic loss payments cannot be determined until a final impairment determination (section 24) is made.
27	Section 27 outlines the provisions for determining a non-economic loss (NEL) payment. Where there is no entitlement under section 24, there is no entitlement under section 27.
28	This section provides the legislative basis for use of the Guide to the Evaluation of the Degree of Permanent Impairment.
45	Section 45 provides that an employee may either elect to be paid a permanent impairment benefit (including NEL payment) or sue the Commonwealth. However, the amount an employee may sue for is $110,000.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-one-introduction/legislation-volume