Consultation on edition 2.1 of Comcare’s permanent impairment guide
We have commenced editing the Guide to the Assessment of the Degree of Permanent Impairment Second Edition (the guide) in line with the Federal Court decision, Broadhurst v Comcare (2010). We are now seeking comments from stakeholders on edition 2.1 of the guide.
Why is the review being undertaken?
In Broadhurst it was found that Table 9.17 of the guide, used to assess the degree of permanent impairment of the lumbar spine, was inapplicable to the extent that it did not provide for a 10 percent impairment value. We have since established that, as a result of this decision, 15 tables within the guide do not provide for a 10 per cent impairment value.
In response to the Broadhurst decision, we have edited the guide to provide a 10 per cent impairment value for all affected tables. The edits will also accommodate the decisions of the High Court of Australia in the matters of Canute v Comcare (2006) and Fellowes v Military Rehabilitation and Compensation Commission (2009). In addition medical transcription/interpretation, grammatical and formatting errors identified within the current guide will also be corrected.
Where can you find the new draft guide?
You can find edition 2.1 of the draft guide here:
The guide is also available for download as three sections:
- Guide to the assessment of the degree of permanent impairment - draft [doc, 3.2MB] (Section 1)
- Guide to the assessment of the degree of permanent impairment - draft [doc, 3.5MB] (Section 2)
- Guide to the assessment of the degree of permanent impairment - draft [doc, 5.1MB] (Section 3)
Please note—The edits made to address the issues identified above are not a substitute for the earlier and broader permanent impairment policy review previously undertaken. The Government was briefed with the advice from the review in 2010.
The current guide is located on our website under Forms & Publications > Publications > Claims, see:
How to make a submission
Written submissions must be made by 13 May 2011. Please note that electronic submissions are preferred.
Unless marked confidential, submissions will be made public and placed on the Comcare website. Our preference is for submissions to be made public, with confidentiality only reserved for material which would be genuinely prejudicial to the party making the submission if disclosed.
Please send your comments to:
Email: pi.guide@comcare.gov.au
Fax: 02 6274 8576
Mail: Director, Strategic Policy, Comcare, GPO Box 9905, Canberra, ACT, 2601.
Please note: this consultation has now closed for comments.