Section 24 (5) provides that Comcare:
“... shall determine the degree of permanent impairment of the employee resulting from an injury under the provisions of the approved Guide.”
Using an approved guide ensures all employees are provided with a consistent result on percentages of permanent impairment. One employee does not receive more or less compensation than another with the same level of impairment.
The “approved Guide” is defined by the Act as:
“(a)the document, prepared by Comcare in accordance with section 28 under the title “Guide to the Assessment of the Degree of Permanent Impairment”, that has been approved by the Minister and is for the time being in force; and
(b)if an instrument varying the document has been approved by the Minister - that document as so varied.” (section 4).
Together with section 28, this provision makes it clear that claims for compensation for permanent impairment and non-economic loss must be assessed under Comcare's Guide to the Evaluation of the Degree of Permanent Impairment (the guide).
The guide is currently under review.