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  • Permanent Impairment Handbook
  • Ch 8 Permanent Impairment under the 1971 Act
  • 8.1 Table of Losses - S39

8.1 Table of Losses - S39

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In this section

  • 8.1.1 S39, 1971 Act
  • 8.1.2 Historical rate increases - S39(1), 1971 Act
  • 8.1.3 Compensation is payable only in respect of the major loss

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Ch 8 Permanent Impairment under the 1971 Act

  • 8.1 Table of Losses - S39
    • 8.1.1 S39, 1971 Act
    • 8.1.2 Historical rate increases - S39(1), 1971 Act
    • 8.1.3 Compensation is payable only in respect of the major loss
  • 8.2 Eye and Sight Impairments - 1971 Act
    • 8.2.1 Overview - loss of sight
    • 8.2.2 Provisions of the 1971 Act
    • 8.2.3 Percentage reduction in sight
    • 8.2.4 Percentage reduction in sight of second eye - 1971 Act
    • 8.2.5 Assessment is made on uncorrected vision
  • 8.3 Hearing Loss - 1971 Act
  • 8.4 Speech Impairments -1971 Act
    • 8.4.1 Total loss of power of speech
    • 8.4.2 Dates of rate increases - loss of speech
    • 8.4.3 Impairment of speech
  • 8.5 Arm, Hand and Finger Impairments - 1971 Act
    • 8.5.1 Arm and hand impairments
    • 8.5.2 Whole finger impairments
    • 8.5.3 Partial finger impairments
    • 8.5.4 Loss includes total loss of efficient use
  • 8.6 Leg, Foot and Toe Impairments
    • 8.6.1 Leg and foot impairments
    • 8.6.2 Toe impairments
    • 8.6.3 Loss includes total loss of efficient use
  • 8.7 Loss of Sexual Organs - S40
    • 8.7.1 S40, 1971 Act
    • 8.7.2 Historical rate increases - S40
    • 8.7.3 Female sexual organs impairment
    • 8.7.4 Male sexual organ impairment
    • 8.7.5 Compensation is payable only in respect of the major loss
    • 8.7.6 Amendments included partial loss of genitals and loss of breasts
    • 8.7.7 Exclusion because of death
  • 8.8 Facial Disfigurement - S41
    • 8.8.1 S41, 1971 Act
    • 8.8.2 Historical rate increases - S41, 1971 Act
    • 8.8.3 Facial disfigurement has to be severe
    • 8.8.4 Medical board
    • 8.8.5 Assessing the amount of compensation
    • 8.8.6 Requirement to undertake 'suitable' medical treatment
    • 8.8.7 Refuses or fails to have, or obstructs, the medical examination
  • 8.9 Loss of Sense of Taste or Smell - S42
    • 8.9.1 S42, 1971 Act
    • 8.9.2 Historical rate increases - S42, 1971 Act
    • 8.9.3 'Total and permanent loss'
    • 8.9.4 Medical Referees
  • 8.10 Loss of Efficient Use (LOEU) of a Body Part
    • 8.10.1 Loss of efficient use for the purposes of employment
  • 8.11 Total Incapacity Excludes Payment of Compensation under S39
    • 8.11.1 Totally incapacitated for work
    • 8.11.2 Will result 'in whole or in part' from that injury
    • 8.11.3 Section 39(14) continues to have effect in Transitional Cases
  • 8.12 Death Excludes Payment of Compensation under Ss40, 41 and 42
    • 8.12.1 The injury (or another injury sustained at the same time)
    • 8.12.2 Within three months after the date of that injury
  • 8.13 Refuses or Obstructs a Medical Examination under Ss41 or 42
    • 8.13.1 'Refuses or fails to submit' to a medical examination or 'in any way obstructs' the medical examination
    • 8.13.2 Review of a decision to suspend processing of a claim

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Important legislative change

Note that the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) commenced on 12 October 2017.

As a result of this legislative change, the Department is updating its published information, including hardcopy and website content, as well as CLIK. While this process is well underway, it will take some time before all changes are complete. In the meantime, references within CLIK to the Safety, Rehabilitation and Compensation Act 1988 or SRCA should now generally be understood to be references to the new DRCA (with the exception of intended historical references to SRCA). It is important to note that the same provision references (i.e., sections, subsections and paragraphs) from the SRCA have been retained in the DRCA.

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Accessed: 26 September 2023
URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/permanent-impairment-handbook/ch-8-permanent-impairment-under-1971-act/81-table-losses-s39