Where an injury results in a PI and a veteran is entitled to compensation under section 24 of the DRCA, they are also entitled to a separate payment under section 27 of the DRCA for NEL suffered as a result of that injury. This principle is consistent with the High Court’s reasoning in Canute v Comcare [2006] HCA 47 [2].
In assessing each injury separately, NEL scores cannot be ‘offset’ against a NEL score determined for a separate or previous injury. Delegates must focus on the subjective effects of the relevant injury on the veteran’s lifestyle, without taking into account the lifestyle effects that arose from a separate or previous injury.
For more information about the assessment and calculation of NEL compensation and policy guidance with examples, see Chapter 5.7 Calculation of Entitlement for Non-Economic Loss [3].
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20907%23comment-form
[2] https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2006/47.html?stem=0&synonyms=0&query=canute
[3] http://auth-clik.dvastaff.dva.gov.au/military-compensation-srca-manuals-and-resources-library/permanent-impairment-handbook/ch-5-calculation-using-approved-guide/57-calculation-entitlement-non-economic-loss/573-previous-nel-scores-different-injuries