Section 42(1) of the 1971 Act provided for lump-sum compensation where a member suffered an injury which resulted in the 'total and permanent loss of the sense of taste' and S42(2) provided for lump-sum compensation where a member suffered an injury which resulted in the 'total and permanent loss of the sense of smell'.
Where the loss occurred, or became permanent, after 1 December 1988, compensation is payable under S24 of the SRCA at a rate of 5% WPI ('complete loss of olfaction or taste') under Table 7.2 (Miscellaneous Ear, Nose and Throat Disorders) of the Approved Guide.
42(1) The compensation payable under this Act in respect of an injury that results in the total and permanent loss of the sense of taste is $6,000 or such higher amount as is prescribed, and that compensation is payable to the employee.
42(2) The compensation payable under this Act is respect of an injury that results in the total and permanent loss of the sense of smell is $6,000 or such higher amount as is prescribed, and that compensation is payable to the employee.
42(3) Where a claim is made for compensation in respect of an injury that results in the loss of the sense of taste or smell, the Commissioner shall arrange for the constitution of a medical board in accordance with Section 57 to examine the employee.
42(4) If the employee refuses or fails to submit himself for examination by the medical board or in any way obstructs the examination, his right to institute and continue proceedings under this Act in relation to compensation under this section are suspended until the examination takes place.
42(5) The members of the medical board shall, in accordance with the next succeeding subsection, give to the Commissioner a certificate or certificates, as prescribed, stating whether they are of the opinion that the injury resulted in total and permanent loss of the sense of taste or smell by the employee.
42(6) Any two or more members of the medical board who are of the same opinion in relation to the question whether the injury resulted in total and permanent loss of the sense of taste or smell by the employee shall give a joint certificate setting out their opinion and any members of the medical board who is not of the same opinion as the other member or other members of the medical board in relation to that question shall give a separate certificate setting out his opinion.
42(7) Where a joint certificate is given by all members of the medical board, the certificate is final and is, for the purposes of this Act, conclusive evidence of the matters stated in the certificate.
42(8) If all the members of the medical board do not give a joint certificate, the Commissioner, in determining whether the injury resulted in total and permanent loss of the sense of taste or smell by the employee, shall have regard to the opinion expressed in the certificates given by the members of the board.
42(9) A document purporting to be a certificate referred to in this section shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
42(10) Subsections 58(3) and (4) apply in relation to an examination required in pursuance of this section.
42(11) Compensation is not payable under this section in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.
This table sets out the dates of increase in statutory rates under Ss42(1) (sense of taste) and S42(2) (sense of smell) of the Compensation (Commonwealth Government Employees) Act 1971 (the 1971 Act) and the applicable rates of compensation.
Date of Rate Increase |
Maximum Rate – S42(1), (2) |
1 September 1971 |
$1,350 |
2 November 1972 |
$1,450 |
16 November 1974 |
$2,000 |
1 September 1976 |
$2,500 |
1 September 1979 |
$2,800 |
1 September 1980 |
$3,250 |
1 September 1981 |
$3,350 |
1 May 1982 |
$3,715 |
1 November 1982 |
$4,032 |
1 May 1983 |
$4,200 |
1 November 1983 |
$4,400 |
1 May 1984 |
$4,640 |
1 November 1984 |
$4,970 |
1 May 1985 |
$5,000 |
1 November 1985 |
$5,130 |
1 May 1986 |
$5,300 |
13 December 1986 |
$5,460 |
13 June 1987 |
$5,670 |
13 December 1987 |
$5,780 |
13 June 1988 |
$6,000 |
Whether there has been a 'total and permanent loss' of the relevant sense is a matter of medical judgment on the facts of the individual case. 'Permanent' in this context, means 'likely to continue indefinitely'.
Whether there has been a 'total and permanent loss' of the sense of taste or the sense of smell has to be certified by a 'medical board' under S42(5) of the 1971 Act.
After 22 June 1992, decisions under S42 of the 1971 Act are made by one legally qualified medical practitioner (a 'medical referee') appointed under S57 of the SRCA, in compliance with S57(1) which prohibits the use of medical panels.
See the previous discussion of Medical Referees at 8.8.4 in the similar context of assessment of severity of facial disfigurement under the 1971 Act. Refusal to cooperate in a medical examination is discussed at 8.13later in this chapter.
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