{"id":"F2023L00203","name":"Safety, Rehabilitation and Compensation Act 1988 – Guide to the Assessment of the Degree of Permanent Impairment Edition 3.0","slug":"f2023l00203","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":330032,"registerId":"commonwealth-F2023L00203-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Safety, Rehabilitation and Compensation Act 1988 – Guide to the Assessment of the Degree of Permanent Impairment Edition 3.0.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on 1 April 2023 (the commencement date).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 28 of the Safety, Rehabilitation and Compensation Act 1988.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the SRC Act, including the following:\n\n    aggravation (subsection 4(1));\n    ailment (subsection 4(1));\n    Comcare (subsection 4(1));\n    determination (subsection 61(1) and section 99);\n    employee (section 5);\n    impairment (subsection 4(1));\n    injury (subsections 4(3) and 4(8), and sections 5A, 123A and 124);\n    non-economic loss (subsection 4(1));\n    permanent (subsection 4(1));\n    relevant authority (subsection 4(1));\n    reviewable decision (subsection 61(1)).\n\n  In this instrument:\n  Activities of daily living has the meaning given in the approved Guide.\n  AMA4 has the meaning given in the approved Guide.\n  AMA5 has the meaning given in the approved Guide.\n  approved Guide means the Guide to the Assessment of the Degree of Permanent Impairment Edition 3.0 set out in Schedule 1 to this instrument.\n  assessor has the meaning given in the approved Guide.\n  binaural hearing loss has the meaning given in the approved Guide.\n  commencement date has the meaning given in section 2 of this instrument.\n  disease has the meaning given in the approved Guide.\n  loss of amenities has the meaning given in the approved Guide.\n  medical treatment has the meaning given in the approved Guide.\n  pain has the meaning given in the approved Guide.\n  repealed Guide has the meaning given in section 7 of this instrument.\n  SRC Act means the Safety, Rehabilitation and Compensation Act 1988.\n  suffering has the meaning given in the approved Guide.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Approved Guide","content":"#### 5 Approved Guide\n\n  The Guide prepared by Comcare, which is set out in Schedule 1 to this instrument, is approved for the purposes of the SRC Act.\n\n> Note: Where a relevant authority or the Administrative Appeals Tribunal is required to assess or re-assess, or review the assessment or re-assessment of, the degree of permanent impairment of an employee resulting from an injury, or the degree of non-economic loss suffered by an employee, the provisions of the approved Guide are binding on the relevant authority or the Administrative Appeals Tribunal, as the case may be, in the carrying out of that assessment, re-assessment or review, and the assessment, re-assessment or review shall be made under the relevant provisions of the approved Guide (SRC Act, subsection 28(4)).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application of the approved Guide","content":"#### 6 Application of the approved Guide\n\n  (1) The approved Guide applies to the assessment or re-assessment of the degree of permanent impairment of an employee resulting from an injury, or the degree of non-economic loss suffered by an employee as a result of an injury or impairment, relating to a claim for compensation under sections 24, 25 or 27 of the SRC Act received by the relevant authority on or after the commencement date.\n  (2) The approved Guide applies to the re-assessment of the degree of permanent impairment of an employee resulting from an injury, or the degree of non-economic loss suffered by an employee as a result of an injury or impairment, relating to a claim for compensation under sections 24, 25 or 27 of the SRC Act received by the relevant authority before the commencement date where the request for re-assessment was received on or after the commencement date.\n  (3) For the purposes of subsection (2), a request for re-assessment does not include the following in relation to a determination made under section 24, 25 or 27 of the SRC Act, whether the determination was made before, on or after the commencement date:\n    (a) a request for reconsideration of that determination under section 62 of the SRC Act;\n    (b) an application to the Administrative Appeals Tribunal for review of a reviewable decision made in relation to that determination under section 64 of the SRC Act.\n  (4) The approved Guide applies to the assessment or re-assessment of the degree of permanent impairment of an employee resulting from an injury relating to a request under section 25 of the SRC Act received by the relevant authority on or after the commencement date.\n  (5) The approved Guide applies to all reviews by the Administrative Appeals Tribunal of an assessment or re-assessment to which subsection (1), (2) or (4) applies.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Repeal","content":"#### 7 Repeal\n\n  The Safety, Rehabilitation and Compensation Act 1988 – Guide to the Assessment of the Degree of Permanent Impairment Edition 2.1 \\[F2012C00537\\] (the repealed Guide) is repealed.\n\n> Note 1: The Acts Interpretations Act 1901 (subsection 7(2)) relevantly provides, in effect, that:\n\n> Note: the repeal does not: revive anything not in force or existing at the time at which the repeal takes effect; or affect the previous operation of the repealed Guide, or anything duly done under the repealed Guide; or affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Guide; or affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability; and\n\n> Note: any such investigation, legal proceeding or remedy may be instituted, continued or enforced, as if the repealed Guide had not been repealed.\n\n> Note 2: The Acts Interpretations Act 1901 applies to the approved Guide and repealed Guide as if it were an Act by operation of the Legislation Act 2003 (subsection 13(1)).\n\n  \n\nSchedule 1—Guide to the Assessment of the Degree of Permanent Impairment Edition 3.0","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument replaces the prior Edition 2.1 with Edition 3.0 and alters which claims and re-assessment requests are assessed under the new Guide. It expressly binds relevant authorities and the AAT to the Guide (approval: s5), sets commencement and transitional coverage for new claims and re-assessment requests received on or after 1 April 2023 (application: s6(1)–(4)), and repeals the earlier Guide (s7). The change therefore shifts the procedural and substantive assessment framework that determines compensation outcomes."},"complexity_factors":["Extensive cross-references to the SRC Act and to terms defined both in the Act and in the approved Guide (see s4).","Binding effect on multiple decision-makers (relevant authority and Administrative Appeals Tribunal) which creates legal and procedural consequences (see s5 note and s5).","Transitional application rules governing which new claims and which re-assessments fall under the new Guide (see s6(1)–(4)).","Exclusion of certain processes from being treated as a 'request for re-assessment' (reconsideration and AAT review), which affects remedies and timing (see s6(3)).","Repeal of the prior Guide and savings/continuity effects governed by Acts Interpretation Act principles (see s7 and attached notes).","Inclusion of the substantive Guide as a schedule, meaning technical medical assessment rules are embedded by reference and will require technical implementation by assessors (s5 and Schedule 1)."],"plain_english_summary":"This instrument approves the \"Guide to the Assessment of the Degree of Permanent Impairment Edition 3.0\" under the Safety, Rehabilitation and Compensation Act 1988, replaces Edition 2.1 and commences on 1 April 2023. The approved Guide is binding on the relevant authority and the Administrative Appeals Tribunal when assessing permanent impairment and non‑economic loss.  \n\nIt affects employees lodging compensation claims under sections 24, 25 or 27 and the assessors and agencies who decide entitlements. Those decisions determine compensation amounts, change assessment procedures, and impose medical and administrative compliance on claimants and providers."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (Edition 2.1). It continues to perform the same function—approving a medical assessment guide for permanent impairment under the SRC Act. The update from Edition 2.1 to 3.0 represents a version update rather than scope expansion, though the substantive medical content in Schedule 1 (not fully shown) presumably contains updated clinical criteria."},"complexity_factors":["Extensive cross-referencing to the 'approved Guide' in Schedule 1 (which is not fully reproduced in the provided text, but referenced throughout)","Multiple defined terms that defer definitions to the Schedule 1 Guide rather than defining them in the legislative instrument itself","Complex temporal application rules with four distinct subsections (6(1)-(4)) establishing different triggers for when the new guide applies versus when the old guide continues to apply","Nested exceptions in section 6(3) excluding 'reconsiderations' and 'AAT reviews' from the definition of 're-assessment'","Interaction with primary legislation (SRC Act) requiring knowledge of sections 24, 25, 27, 28, 62, 64, and defined terms from subsections 4(1), 4(3), 4(8), and sections 5, 5A, 61, 99, 123A, 124","Transitional provisions requiring comparison between 'commencement date' and various claim/re-assessment receipt dates","Repeal provisions incorporating by reference the Acts Interpretation Act 1901 savings provisions"],"plain_english_summary":"The law adopts Edition 3.0 of a medical guide as the mandatory standard for assessing permanent impairment and non-economic loss (pain and suffering) for Commonwealth workers’ compensation claims. It binds Comcare, other decision-makers, medical assessors and the AAT.\n\nIt applies to new claims and reassessments lodged on or after 1 April 2023 and matters because it fixes the methodology that determines how much injured federal employees receive."}},"importantCases":[],"_links":{"self":"/api/acts/f2023l00203","history":"/api/acts/f2023l00203/history","analysis":"/api/acts/f2023l00203/analysis","conflicts":"/api/acts/f2023l00203/conflicts","importantCases":"/api/acts/f2023l00203/important-cases","documents":"/api/acts/f2023l00203/documents"}}