Claims for non-economic loss in respect of permanent impairments which occurred before 1 December 1988

On 1 October 2001 the Safety, Rehabilitation and Compensation Act 1988 (the act) was amended in several areas, including the provisions relating to the entitlement to non-economic loss payments for permanent impairments suffered prior to the introduction of the act.
The background to this matter was described in Jurisdictional Policy Advice (JPA) 2001/04 which was issued to ensure claimants were not put in a position where they were paid amounts which they might later be required to repay.

(3) This section does not apply in relation to a permanent impairment

commencing before 1 December 1988 unless an application for

compensation for non-economic loss in relation to that impairment

has been made before the date of introduction of the Bill for the

Act that inserted this subsection.

Date of effect

The new subsection has effect from 7 December 2000, the date of introduction of the bill into parliament.

JPA 2001/04 set out the policy approach to management of the non-economic loss component of claims, in respect of permanent impairments which commenced before 1 December 1988, which had been lodged on or after 7 December 2000. The approach was that this component of the claims should not be determined pending passage of the amendment.
As the amendment has now been passed, determining authorities should notify those claimants whose claims in respect of non-economic loss have been held in abeyance that payment for this component of permanent impairment claims will not be available. A formal determination to this effect should also be made and the claimant advised of his or her appeal rights.
Any issues relevant to this policy advice may be discussed with the Policy & Co-ordination Group on 1300 366 979.

Regulatory Services Division

Comcare

October 2001

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