Female Sexual Organs Impairment

Female Sexual Organs Impairment

Compensation under s 40 of the 1971 Act in respect of impairments of the female sexual organs is payable on the following basis:

Compensation is payable only in respect of the major loss

Compensation is payable only in respect of the major loss, eg. a member who has suffered a total loss of the capacity to engage in sexual intercourse is paid for that loss and is not additionally compensated for partial loss of the genitals.

Note that s 40 provides compensation for either loss of the genitals or total and permanent loss of the capacity to have sexual intercourse at the full rate set in s 40(1) (which is half of the maximum payable under s 39).  Compensation is not payable in respect of both losses.

Amendments included partial loss of genitals and loss of breasts

The Social Security and Repatriation Legislation Amendment Act 1985 (No.95/1985), with effect from 5 September 1985, added subsections 40(1A), (1B) and (1C) to provide compensation for partial loss of genitals and loss of a woman's breasts.

The Permanent Impairment Calculator calculates compensation for these losses in any case where the Date of Assessment is on or after 5 September 1985.  Where the Date of Assessment is before this date (eg. a calculation for audit purposes), these losses are not available in the listbox for selection.

Loss of capacity for sexual intercourse

Section 40(1) provides for compensation at the full rate where there is a “total and permanent loss of the capacity to engage in sexual intercourse”  Note, however, that this loss was included in the listbox displayed in the previous question and the assessor should return to this screen if the claim is for total loss of the capacity for sexual intercourse.  To return to the previous screen, select the “Back” button:

If the claim is for a partial or temporary loss of the capacity to engage in sexual intercourse, compensation is not payable under s 40.  “None of the above” is the correct choice in this case.

None of the above

If the impairment does not answer one of the general descriptions in the question, “None of the above” should be selected with the result that lump-sum compensation will not be payable to the claimant.

To check whether an impairment is covered by some description of loss other than “Female Sexual Organs”, return to the previous streaming screen by selecting the “Back” button.