The above five sections of the SRCA are relevant in day to day dealings with PI claims. This chapter outlines the contents of the various sections. A complete version of the sections is in Part II of the SRCA .

Detailed writings on the Guide to the Assessment of the Degree of Permanent Impairment (the Approved Guide as per section 28 of the SRCA) are at Chapter 5 [3] of this manual.

Note that section 147 states that for the purposes of applying the SRCA to defence-related claims, references to Comcare are read as if they are references to the Military, Rehabilitation and Compensation Commission (MRCC).

Additionally, section 13 explains that monetary amounts in subsections 24(9) and 27(2) (among others) are indexed, so delegates should check CLIK for the current statutory amounts via the following link.    

Section 24 [8] of the SRCA authorises payment of compensation for injuries resulting in permanent impairment. It sets out provisions for determining the compensation to be awarded, including the considerations involved in determining whether an impairment is permanent, the maximum amount payable, the requirement to determine the percentage of the maximum amount to be paid using the Approved Guide and the minimum threshold levels of impairment that need to be met if compensation is to be paid.   

Note that the connection between the employment and the injury is provided by provisions relating to definitions of “injury” and “disease” given in Part 1 of the SRCA.    

Section 2 [8]5 [8] provides for the payment of interim compensation, on the request of the employee, where it is determined that the impairment is permanent and is at a rate of at least 10%, but is yet to stabilise. It also states the procedures to be followed on the final determination after interim compensation has been paid, and sets minimum thresholds for increases in impairment that must occur before further compensation is payable.    

Section 2 [8]6 [8] mandates that PI compensation must be paid within 30 days of assessment of the amount and makes interest payable where this deadline is not met. More information [11].

Section 2 [8]7 [8] provides for compensation to be paid for non-economic loss (NEL) suffered due to an injury or impairment (in addition to the compensation paid under section 24), and sets out the provisions for calculating the amount payable.    

Section 124 [8]SRCA allows for injuries that occurred before the commencement of the SRCA to be compensated under the SRCA where they would have been compensable under the Act that was in force at the time of the injury (that is, the 1930 Act or the 1971 Act [14]). The compensation to be granted is the amount that would have been payable under the Act that was in force at the time. No compensation is to be paid under the SRCA for impairment that was already compensated under a previous Act.    

More information in relation to assessment of 1930 and 1971 Act permanent impairment can be found in Chapters 7 to 9 [15] of this Manual.