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8.4 Speech Impairments -1971 Act

8.4.1 Total loss of power of speech

Total loss of the power of speech was compensable under the 1971 Act, and the applicable percentage of the maximum statutory rate, was set out in S39(4):

39(4) The losses and percentages referred to in Subsection (3) are the losses and percentages set out in the following table:

Nature of Loss

%

Total loss of power of speech

70

8.4.2 Dates of rate increases - loss of speech

This table sets out the dates of increase in the amount of compensation for 'Total loss of power of speech', which was 70% of the maximum rate under S39(1) of the 1971 Act.

Date of Rate Increase

70% rate – Total loss of power of speech

1 September 1971

$9,450

2 November 1972

$10,150

16 November 1974

$14,000

1 September 1976

$17,500

1 September 1979

$19,600

1 September 1980

$22,750

1 September 1981

$24,850

1 May 1982

$26,005

1 November 1982

$28,224

1 May 1983

$29,400

1 November 1983

$30,807

1 May 1984

$32,480

1 November 1984

$34,783

1 May 1985

$34,993

1 November 1985

$35,903

1 May 1986

$37,086

13 December 1986

$38,234

13 June 1987

$39,690

13 December 1987

$40,446

13 June 1988

$41,986

8.4.3 Impairment of speech

An impairment of the power of speech caused by a compensable injury is compensated at a rate determined by the percentage of impairment because of the effect of S39(10) of the 1971 Act which states:

39(10) The compensation payable under this Act in respect of an injury resulting in an impairment of speech of an employee is such percentage of the amount of compensation that would be payable under this section in respect of an injury resulting in total loss of power of speech by the employee as is reasonable having regard to the extent to which the speech of the employee immediately before the injury was impaired by the injury.

In determining what is a reasonable percentage for the loss, the Delegate should have regard to:

  • the extent of any speech impairment immediately before the injury, and
  • the extent of the speech impairment after the injury.

The percentage for the purposes of this question is the percentage reduction as a result of the injury not the absolute percentage of loss. This means that a member who had a 40% impairment before injury and an 80% impairment after injury would be entitled to two thirds, or 5066.67% of the statutory rate. This is worked out by taking the pre-injury functional capability (100-40=60) and the post-injury functional capability (100-80=20), to find the reduction (60-20=40), which can then be represented as a proportion of the pre-injury functional capability ( [40/60] x 100 = 66.67% ).

The level of impairment of speech accepted by the Delegate should be based on expert medical evidence by a specialist or by a speech therapist who is fully accredited in this field.

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