Safety, Rehabilitation and Compensation Act 1988 – Guide to the Assessment of the Degree of Permanent Impairment Edition 3.0

The instrument introduces and relies on a small set of core concepts. Some key expressions are defined within this instrument by reference to the approved Guide (Schedule 1) and to the SRC Act. Section 4 lists a set of expressions that are defined in the SRC Act and notes a number of expressions whose meanings are supplied by the approved Guide. The instrument therefore operates as a hybrid of SRC Act definitions and Guide definitions.

Definitions and cross‑references. Section 4 expressly notes that a number of expressions are defined in the SRC Act, including aggravation, ailment, Comcare, determination, employee, impairment, injury, non‑economic loss, permanent, relevant authority and reviewable decision. The instrument also defines several terms by reference to the approved Guide: Activities of daily living; AMA4; AMA5; approved Guide (meaning the Guide set out in Schedule 1); assessor; binaural hearing loss; commencement date; disease; loss of amenities; medical treatment; pain; repealed Guide (see s 7); suffering. Those definitions will be located in the approved Guide itself or in the SRC Act as indicated (s 4).

Approved Guide as binding methodology. The approved Guide, set out in Schedule 1, is approved for the purposes of the SRC Act (s 5). The instrument includes a Note that, under subsection 28(4) of the SRC Act, the relevant authority or the AAT is bound to carry out assessment, re‑assessment or review under the provisions of the approved Guide. That establishes the Guide as the mandatory methodology for measuring degrees of permanent impairment and degrees of non‑economic loss where the Guide applies.

Scope of application. Section 6 sets out how and when the approved Guide applies. Broadly, the Guide applies to:

• assessments or re‑assessments of the degree of permanent impairment, and to assessments of the degree of non‑economic loss, for claims for compensation under sections 24, 25 or 27 of the SRC Act received by the relevant authority on or after the commencement date (s 6(1));
• re‑assessments relating to a claim under sections 24, 25 or 27 received by the relevant authority before the commencement date, where the request for re‑assessment was received on or after the commencement date, subject to exclusions (s 6(2)-(3));
• assessments or re‑assessments relating to a request under section 25 of the SRC Act received on or after the commencement date (s 6(4));
• all AAT reviews of assessments or re‑assessments to which s 6(1), s 6(2) or s 6(4) applies (s 6(5)).

Transitional and exclusionary rules. Section 6(3) lists two specific processes that do not count as “a request for re‑assessment” for the purposes of s 6(2): a request for reconsideration under section 62 of the SRC Act and an application to the AAT for review of a reviewable decision under section 64. Those exclusions shape which pre‑commencement determinations become subject to the new Guide upon a post‑commencement re‑assessment request.

Repeal and continuity. Section 7 repeals Edition 2.1 of the Guide. The instrument includes notes referencing the Acts Interpretation Act 1901 to explain the usual legal consequences of repeal: the repeal does not revive anything not in force at the time the repeal takes effect; it does not affect previous operation of the repealed Guide or anything duly done under it; and rights, privileges, obligations or liabilities accrued under the repealed Guide are preserved and legal proceedings may continue as if the repealed Guide had not been repealed (s 7 and accompanying notes). The Acts Interpretation Act applies to both the approved Guide and the repealed Guide as if they were Acts, by operation of the Legislation Act 2003 (s 7 Note 2).

Operational definitions inside the approved Guide. The instrument makes several technical terms contingent on the content of the approved Guide (s 4). For example, AMA4 and AMA5 are declared to have the meanings given in the approved Guide. That indicates the approved Guide itself contains substantive assessment frameworks and crosswalks to the American Medical Association impairment percentages (or equivalent designations) as referenced in the Guide; those substantive methodologies will be binding where the Guide applies.

In sum, the main concepts are: the approved Guide as the operative assessment methodology; the cross‑referenced definitions split between the SRC Act and the Guide; the precise temporal rules for which claims and re‑assessments the Guide governs; and the transitional rule that the prior Guide is repealed but does not disturb prior rights or proceedings.

The instrument affects a limited and well‑defined set of actors within the SRC Act framework. The principal categories of affected parties are employees who are claimants under sections 24, 25 or 27 of the SRC Act, the relevant authority that receives and determines those claims, Comcare (to the extent it is the relevant authority in particular matters), assessors who carry out impairment assessments under the Guide, and the Administrative Appeals Tribunal when it reviews assessments or re‑assessments.

Employees and claimants. The approved Guide applies to assessments and re‑assessments of permanent impairment and non‑economic loss relating to claims for compensation under ss 24, 25 or 27, where the claim was received by the relevant authority on or after the commencement date, 1 April 2023 (s 6(1)). It also applies to re‑assessments where the original claim was received before commencement but the request for re‑assessment was itself received on or after the commencement date (s 6(2)). Further, it applies specifically to assessments or re‑assessments relating to requests under s 25 received on or after the commencement date (s 6(4)). Therefore employees lodging new claims from the commencement date are subject to assessment under the approved Guide for the specified types of decision; employees with earlier claims may become subject to the new Guide only in defined re‑assessment scenarios.

Relevant authority and Comcare. The instrument repeatedly refers to the relevant authority, a term defined in the SRC Act and listed in s 4 as one of the expressions defined in that Act. Where the relevant authority, including Comcare where it is the relevant authority, is required to assess, re‑assess or re‑view the degree of permanent impairment or non‑economic loss, the approved Guide is binding on that authority (s 5 and accompanying note citing SRC Act s 28(4)). That makes the Guide the mandatory assessment methodology for relevant authorities acting under the SRC Act in the covered circumstances.

Assessors. The instrument imports the term assessor from the approved Guide (s 4). The approved Guide will contain the operative definitions and processes that assessors must follow. The instrument therefore affects medical and other professional assessors by imposing the operational methodology contained in Edition 3.0 for covered assessments and re‑assessments.

Administrative Appeals Tribunal. The AAT is explicitly affected. Section 6(5) provides that the approved Guide applies to all AAT reviews of an assessment or re‑assessment to which s 6(1), (2) or (4) applies. The note after s 5 stressing the binding nature of the Guide per SRC Act s 28(4) further confirms that the AAT must use the approved Guide in carrying out such reviews.

Parties to reconsideration and review processes. Section 6(3) draws a practical distinction between types of post‑determination processes: a request for reconsideration under s 62 of the SRC Act, and an application to the AAT under s 64, are not treated as “requests for re‑assessment” for the purposes of s 6(2). That affects employees and their advisers who are choosing between procedural pathways: choosing reconsideration or AAT review rather than a re‑assessment request has the effect, under this instrument, of preserving the prior Guide’s application to the underlying determination that preceded those processes (subject to other legal rules in the SRC Act).

Other stakeholders. Insurers, employers, legal practitioners and medical providers engaged in SRC Act claims will be affected in practice because the approved Guide prescribes the assessment methodology they must anticipate and use when preparing or challenging permanent impairment or non‑economic loss assessments. The instrument explicitly signals the need to consult both the approved Guide (Schedule 1) for technical assessment definitions and the SRC Act for statutory definitions and procedures (s 4).

Transitional and historical parties. The repealed Guide is expressly repealed (s 7). The instrument includes notes referencing the Acts Interpretation Act 1901 consequences of the repeal: prior determinations, actions and proceedings preserved; rights and liabilities accrued under the repealed Guide remain effective and proceeding may continue as if the repealed Guide had not been repealed (s 7 notes). That preserves the position of parties whose matters were dealt with under the repealed Guide prior to commencement.

In summary, the instrument affects employees lodging claims under specified SRC Act sections, the relevant authority (including Comcare), assessors, the AAT, and other participants in the SRC Act compensation and review processes by imposing Edition 3.0 of the Guide as the binding methodology in defined circumstances and by setting transitional rules for earlier claims and re‑assessments.

The instrument creates binding methodological duties for decision makers and prescribes rights to assessment methodology for claimants in specified circumstances. It does not create new statutory entitlements to compensation beyond those already in the SRC Act; rather, it prescribes the Guide to be used when existing assessment or re‑assessment duties arise under the SRC Act.

Mandatory duty to apply the approved Guide. The central duty established by the instrument is that the approved Guide must be used when a relevant authority or the AAT assesses, re‑assesses or reviews the degree of permanent impairment or the degree of non‑economic loss in the circumstances described in s 6. Section 5 approves the Guide for the purposes of the SRC Act, and the accompanying note records that subsection 28(4) of the SRC Act makes the Guide binding on a relevant authority or the AAT in performing such assessments, re‑assessments or reviews. That creates a duty on the relevant authority and the AAT to apply Edition 3.0 rather than any other assessment methodology when the Guide applies.

Duty on assessors to use Guide definitions and processes. The instrument imports a range of technical terms from the approved Guide (s 4). Where those definitions and assessment processes appear in the Guide, an assessor engaged by a relevant authority will be obliged to use them when carrying out an assessment that falls within the Guide’s application. The instrument therefore imposes a duty of methodological conformity on assessors engaged to perform assessments or re‑assessments governed by edition 3.0.

Temporal duty triggers. The duty to apply the approved Guide is triggered by the receipt dates of claims or requests for re‑assessment. For claims for compensation under ss 24, 25 or 27 received on or after the commencement date, the duty to apply the Guide is automatic (s 6(1)). For claims received before the commencement date, the duty to apply the Guide arises only where a request for re‑assessment was received on or after the commencement date, except that a request for reconsideration under s 62 or an application to the AAT under s 64 are not “requests for re‑assessment” for the purpose of triggering the new Guide (s 6(2)-(3)). For requests under s 25 received on or after the commencement date, the Guide applies (s 6(4)). These temporal rules create duties that depend on how and when a claim or request is filed.

Rights of claimants to assessments under the approved Guide. Where the approved Guide applies under s 6, claimants have a right to an assessment, re‑assessment or review that is carried out under Edition 3.0. The instrument turns the Guide into the operative methodology for the decision maker; claimants whose matters fall within the instrument’s application may insist that the relevant authority or AAT use the approved Guide when making or reviewing determinations of permanent impairment or non‑economic loss (s 5; s 6(5)).

Limits on rights triggered by procedural choices. The instrument limits the circumstances in which the Guide applies to pre‑commencement determinations by excluding requests for reconsideration (s 62) and AAT applications (s 64) from counting as re‑assessment requests for the purposes of s 6(2) (s 6(3)). That creates a practical choice for claimants: pursuing reconsideration or AAT review rather than requesting a re‑assessment will, for the purpose of applying the instrument, prevent the new Guide from applying to the existing determination. The instrument does not itself create or alter the substantive rights to pursue reconsideration or AAT review under the SRC Act; it treats those processes as distinct from re‑assessment requests for the specific transitional purpose in s 6(2).

Recordkeeping and evidentiary duties. While the instrument does not set out recordkeeping obligations, the practical effect of binding decision makers to a particular methodology, and of having different Guides apply to different claims by date, means relevant authorities and assessors will need to record which Guide was used in any given assessment or re‑assessment. That is implicit from the instrument’s emphasis on which Guide applies to which claims (s 6) and from the repeal/continuity provisions (s 7).

No new penalties or criminal offences. The instrument does not itself create enforcement powers, civil penalties or criminal offences; its primary effect is prescriptive,declaring a binding methodology and setting the circumstances in which it applies (s 5; s 6). Any duties or rights of enforcement are those contained in the SRC Act or other applicable legislation.

In sum, the instrument imposes mandatory duties on relevant authorities, the AAT and assessors to apply Edition 3.0 in the defined circumstances, sets claimant rights to have assessments conducted under Edition 3.0 in those circumstances, and creates procedural consequences linked to the timing and type of post‑determination process chosen by a claimant.

This instrument does not itself create criminal offences, civil penalties or an independent enforcement regime. Its enforcement is functional and procedural: it prescribes a binding methodology that relevant decision makers must use in carrying out duties under the SRC Act, and the SRC Act’s existing review and appeals mechanisms provide the enforcement and rectification pathways.

Binding nature enforced through SRC Act decision‑making. Section 5 of the instrument approves the Guide for the purposes of the SRC Act. The note appended to s 5 refers to SRC Act subsection 28(4), which imposes a binding obligation on the relevant authority and the AAT to assess, re‑assess or review permanent impairment and non‑economic loss under the provisions of the approved Guide. Enforcement therefore operates through the SRC Act framework: a claimant may litigate a determination that fails to apply the approved Guide in circumstances where the Guide is required. The AAT itself is bound to use the Guide when reviewing such assessments or re‑assessments (s 6(5)), which provides an internal administrative mechanism to enforce proper application.

Remedies and review avenues remain those in the SRC Act. The instrument does not alter the SRC Act’s reconsideration (s 62) or AAT review (s 64) mechanisms, but it does specify which of those processes do or do not trigger application of the Guide to pre‑commencement determinations (s 6(3)). Where a decision maker fails to apply the approved Guide where it is required, affected parties would need to rely on the SRC Act’s administrative review and appeal processes to seek corrective relief. The instrument does not create an independent statutory right to damages or penalty for non‑compliance beyond existing remedies under the SRC Act and administrative law.

Repeal continuity and ongoing legal proceedings. Section 7 and its accompanying notes reference the Acts Interpretation Act 1901 consequences of repeal. The notes make clear the repeal of the repealed Guide does not affect previous operation of the repealed Guide or anything duly done under it, nor does it affect rights or liabilities accrued under the repealed Guide; investigations and legal proceedings in respect of those matters may continue (s 7 notes). That preserves enforcement and remedial actions that arose under the repealed Guide before commencement.

Operational enforcement is administrative. Practically, enforcement of the Guide will be achieved by administrative compliance: relevant authorities and the AAT must apply the Guide and are accountable through existing review and appeal processes if they do not. The instrument does not introduce new inspectorates, auditing regimes or criminal sanctions mapped to Guide compliance.

In short, the instrument creates a binding methodological duty whose enforcement is via the SRC Act’s administrative review and appeal systems, and preserves prior rights and proceedings in relation to the repealed Guide.

The instrument is entirely framed as an instrument made under a specific provision of the SRC Act and interacts explicitly with the SRC Act and with general interpretive statute (Acts Interpretation Act 1901 and Legislation Act 2003). It does not stand alone; its operation depends on and is limited by the SRC Act and by existing administrative law pathways.

Statutory source and binding effect under the SRC Act. The instrument is expressly made under section 28 of the SRC Act (s 3). Section 5 approves the Guide for purposes of the SRC Act and the accompanying note cites subsection 28(4) of the SRC Act to state that a relevant authority or the AAT is bound to assess or review permanent impairment and non‑economic loss under the provisions of the approved Guide. The instrument therefore functions as an SRC Act instrument: it does not create substantive compensation entitlements, but it prescribes the methodology decision makers must use in performing SRC Act functions where the Guide applies.

References to specific SRC Act processes. The instrument links to particular operative provisions of the SRC Act by reference: it applies to claims for compensation under ss 24, 25 or 27 (s 6(1)-(2),(4)). It also references reconsideration under s 62 and AAT review under s 64 of the SRC Act, for the specific transitional purpose of defining what counts as a “request for re‑assessment” (s 6(3)). Those cross‑references mean that advice and compliance around the Guide necessarily requires attention to the SRC Act text and processes; the Guide’s application is not an independent regime but contingent on SRC Act triggers.

Interaction with administrative review mechanisms. Section 6(5) expressly provides that the approved Guide applies to AAT reviews of assessments or re‑assessments to which s 6(1), (2) or (4) applies. The instrument thereby directs the AAT’s application of the Guide in its review function. Conversely, s 6(3) excludes AAT applications under s 64 from qualifying as re‑assessment requests that would otherwise cause the new Guide to apply to pre‑commencement determinations. That creates an interaction between procedural pathways: the choice of whether to seek reconsideration, AAT review, or a re‑assessment request affects which Guide governs the matter.

Interpretive law and repeal consequences. Section 7 includes notes on the application of the Acts Interpretation Act 1901 and the Legislation Act 2003. The instrument states that subsection 7(2) of the Acts Interpretation Act (relevant provisions) provides that the repeal does not revive anything not in force at the time of the repeal, does not affect previous operation of the repealed Guide or anything duly done under it, and preserves rights and liabilities accrued under the repealed Guide; further, the Acts Interpretation Act applies to the approved Guide and repealed Guide as if they were Acts, by operation of the Legislation Act 2003 (s 7 notes). These references locate the instrument within the machinery of statutory interpretation and transitional law.

Need to consult SRC Act definitions. Section 4 lists expressions that are defined in the SRC Act and indicates that several technical terms have definitions in the approved Guide. That means effective application of the instrument requires consulting the SRC Act for statutory definitions (for example, employee, impairment, injury, relevant authority, reviewable decision) as well as the approved Guide for its definitions (for example, AMA4, AMA5, assessor). Legal advice and compliance work must therefore treat the instrument as an adjunct to the SRC Act and the approved Guide rather than as a stand‑alone text.

No direct interaction with other legislation is created by the instrument beyond interpretive and administrative law machinery. The instrument does not purport to override other Acts, create conflicts with federal criminal or civil statutes, or alter taxation, superannuation or industrial law. Its practical interaction with other laws will arise through SRC Act processes (for example, how a determination under the Guide affects entitlements that intersect with other regimes), but those interactions are not altered by the instrument itself; they will be shaped by the SRC Act and other relevant law.

In sum, the instrument functions as an SRC Act instrument that must be read together with the SRC Act and with the approved Guide (Schedule 1), and its transitional and interpretive consequences are governed by usual interpretive statutes.

The instrument makes a single substantive change in one step: it approves Edition 3.0 of the Guide and repeals the previous Edition 2.1. The instrument itself records the change and the commencement date. The available text records the following milestones and legal mechanics.

New instrument and edition. The instrument’s Name section identifies the instrument as the Safety, Rehabilitation and Compensation Act 1988 - Guide to the Assessment of the Degree of Permanent Impairment Edition 3.0 (s 1). The approved Guide (Edition 3.0) is set out in Schedule 1 (s 5).

Commencement. The instrument commences on 1 April 2023 (s 2). That is the operative date for the instrument’s application and for its temporal rules in s 6.

Authority. The instrument is made under section 28 of the SRC Act (s 3). The note attached to s 5 refers to subsection 28(4) of the SRC Act to confirm the approved Guide is binding on relevant authorities and the AAT when performing specified SRC Act functions.

Repeal of prior edition. Section 7 expressly repeals the Safety, Rehabilitation and Compensation Act 1988 - Guide to the Assessment of the Degree of Permanent Impairment Edition 2.1 [F2012C00537], the repealed Guide. The instrument does not indicate any intermediate amendments to Edition 2.1; it simply replaces that earlier instrument with Edition 3.0 as from the commencement date.

Transitional notes. Section 7 contains explicit interpretive notes referencing subsection 7(2) of the Acts Interpretation Act 1901, and Note 2 confirms the Acts Interpretation Act applies to both the approved Guide and the repealed Guide as if they were Acts by operation of the Legislation Act 2003 (s 7 notes). Those interpretive notes preserve prior operation and proceedings under the repealed Guide and are part of the instrument’s transitional history.

No incremental amendment history recorded in the instrument. The text provided does not include any prior amendment entries, amendment dates, or versions other than the repeal of Edition 2.1 and the approval of Edition 3.0. The instrument does not list subsequent or earlier amending instruments, nor does it record any legislative history beyond the single replacement and repeal.

Operational schedule. Schedule 1 is the approved Guide Edition 3.0 and is attached to this instrument. The instrument’s practical effect is to substitute the Edition 3.0 text for Edition 2.1 in the SRC Act’s assessment processes as of the commencement date.

In short, the recorded amendment history in this instrument is a single replacement: Edition 2.1 is repealed and Edition 3.0 is approved and brought into force on 1 April 2023 under s 28 of the SRC Act, with the standard interpretive continuity preserved by reference to the Acts Interpretation Act 1901.

The instrument itself contains no litigation history and does not cite any cases. It is an administrative instrument that prescribes a binding methodology for decision makers under the SRC Act; any litigation arising from its application will appear in subsequent administrative or judicial records rather than in the instrument text.

References to administrative review. The instrument contemplates and prescribes the AAT’s role in reviewing assessments and re‑assessments to which the approved Guide applies (s 6(5)). That anticipates AAT proceedings where parties dispute an assessment or re‑assessment that must be carried out under Edition 3.0. Any litigation history that affects or interprets the Guide’s application will therefore be generated by future AAT matters and any appeals from the AAT into the courts, applying administrative law and the SRC Act.

No named judicial decisions. The instrument does not record any cases that interpret Edition 3.0 or the transition from Edition 2.1. It includes no judicial or tribunal decisions, and makes no mention of prior litigation about the repealed Guide. The only statutory citations in the instrument are to provisions of the SRC Act, the Acts Interpretation Act 1901 and the Legislation Act 2003 for interpretive and transitional purposes.

Potential litigation loci implied by the instrument. While the instrument contains no litigation history, its mechanics create potential future litigation or review grounds that practitioners should note:

• challenge to a decision maker’s failure to apply the approved Guide where the Guide is mandated by s 6, potentially brought to the AAT under s 64 (the instrument makes the AAT itself bound by the Guide when reviewing such decisions, s 6(5));
• disputes over whether a given post‑determination action constitutes a “request for re‑assessment” for the purposes of s 6(2), in particular when a claimant pursues a reconsideration (s 62) or AAT review (s 64) in parallel or in sequence with other procedural steps (s 6(3));
• questions about retrospective application to pre‑commencement determinations where a request for re‑assessment was made on or after the commencement date (s 6(2)), and about the interplay between pre‑commencement decisions made under Edition 2.1 and subsequent proceedings preserved by the Acts Interpretation Act (s 7 notes).

Until such disputes are litigated, however, there is no recorded litigation history in the instrument text itself. Practitioners should monitor AAT decisions and any judicial review proceedings for concrete jurisprudence construing the Guide’s application and transition rules.

The instrument is compact yet contains several textual points that carry practical and procedural consequences. These are the concrete “watchouts” drawn from the instrument itself.

Temporal application is claim‑date dependent. The approved Guide applies to claims received by the relevant authority on or after the commencement date (s 6(1)). That means for a single claimant cohort the applicable methodology will depend on the date the relevant authority receives the claim. If a practitioner or insurer misreads “received on or after” as applying by event date rather than receipt date, the wrong Guide could be applied. Practically, parties must record and rely on the date the relevant authority received the claim to determine which Guide governs.

Re‑assessment timing nuance. For claims received before the commencement date, the approved Guide applies only where the request for re‑assessment was received on or after the commencement date (s 6(2)). Not every post‑determination procedural step counts as a “request for re‑assessment.” In particular, a request for reconsideration under s 62 and an application to the AAT under s 64 are explicitly excluded from the definition of “request for re‑assessment” in s 6(3). That creates a procedural trap: electing reconsideration or AAT review rather than a formal request for re‑assessment may preserve the prior Guide’s applicability to the underlying determination. Practitioners must therefore consider strategic choices in dispute pathways if they want the new Guide to apply to earlier determinations.

AAT review binding and double role. The instrument requires the AAT to apply the approved Guide in reviews of assessments or re‑assessments to which s 6(1), (2) or (4) applies (s 6(5)). The AAT therefore has a dual role: it is both a reviewer of decisions and a decision maker bound by the Guide. That can affect the shape of evidence required in AAT proceedings because the AAT must assess matters under Edition 3.0 where the instrument mandates its application.

Definitions split across two texts. Many technical terms are defined in the SRC Act and other terms in the approved Guide (s 4). This split requires simultaneous cross‑reference to two texts (SRC Act and approved Guide) to understand definitions like “impairment”, “non‑economic loss”, “assessor”, “AMA4”, and “AMA5”. Practitioners must ensure they are consulting both the statutory provisions and the Guide to avoid misapplication of definitions or methodologies.

Repeal preserves prior rights and proceedings. The repeal of Edition 2.1 does not affect prior operations, rights or proceedings under the repealed Guide (s 7 and notes). Thus, where a matter was decided under Edition 2.1 before the commencement date, that decision and any ongoing proceedings initiated under the repealed Guide may continue as if the repealed Guide had not been repealed. Practitioners should not assume the new Guide automatically overwrites all prior instrument outcomes.

Recordkeeping and evidentiary burden. Because the instrument’s application depends on receipt dates and procedural classifications (re‑assessment requests versus reconsideration or AAT applications), decision makers and practitioners should keep contemporaneous records evidencing dates and the nature of requests. The instrument itself does not prescribe specific recordkeeping obligations, but the need for accurate records is implicit in its timing‑based rules (s 6).

Uncertainty about “request for re‑assessment” outside exclusions. The instrument excludes s 62 and s 64 processes from counting as a “request for re‑assessment” (s 6(3)), but it does not define what counts as a request for re‑assessment in other contexts. That could lead to disputes about whether a particular application or communication is a re‑assessment request. Practitioners should adopt conservative filing practices to ensure that where the new Guide is desired, a formal re‑assessment request is lodged and its receipt by the relevant authority is documented.

Scope limited to specified SRC Act sections. The Guide applies only in relation to claims under ss 24, 25 or 27 of the SRC Act and to re‑assessments and AAT reviews tied to those provisions (s 6). If a practitioner overlooks this and tries to invoke the Guide for unrelated SRC Act provisions, the Guide may not be the mandated methodology. Check the SRC Act sections listed before relying on the Guide’s applicability.

No new enforcement mechanism. The instrument prescribes a binding methodology but creates no new penalties or enforcement structure (see earlier section). Remedy options therefore remain administrative review and AAT appeal as provided in the SRC Act; there is no separate statutory sanction for non‑use of the Guide apart from the usual administrative law consequences.

In short, the principal “gotchas” are timing and procedural classification: whether a claim or re‑assessment request was received on or after 1 April 2023, whether a claimant elects reconsideration or AAT review instead of re‑assessment, the split of definitions between the SRC Act and the approved Guide, and the need for careful recordkeeping to demonstrate which Guide applies.

This section sets out practical, source‑grounded steps that relevant authorities, assessors, claimants and advisers should follow to ensure compliance with the instrument’s requirements and to manage the transitional nuances the instrument creates. All references below are to provisions of this instrument.

Identify whether the approved Guide applies. First, determine whether the claim or request falls within the temporal and substantive scope in s 6:

• If the claim for compensation under s 24, 25 or 27 of the SRC Act was received by the relevant authority on or after the commencement date (1 April 2023), the approved Guide applies to assessment and re‑assessment without further conditions (s 6(1)).
• If the claim was received before the commencement date, check whether a request for re‑assessment was received on or after the commencement date; if so, the approved Guide applies to the re‑assessment (s 6(2)). Remember the exclusion: a request for reconsideration under s 62 or an AAT application under s 64 is not a “request for re‑assessment” for this purpose (s 6(3)).
• If the matter concerns a request under s 25 received on or after the commencement date, apply the approved Guide (s 6(4)).
• Ensure that any AAT review of an assessment or re‑assessment to which s 6(1), (2) or (4) applies is handled using the approved Guide (s 6(5)).

Document receipt dates precisely. Because the Guide’s applicability hinges on dates of receipt by the relevant authority, record and preserve evidence of receipt for claims and for re‑assessment requests. Where a re‑assessment is sought, lodge a clear, dated, written request and obtain or preserve an acknowledgement of receipt from the relevant authority to ensure the re‑assessment is captured by s 6(2) where applicable.

Distinguish reconsideration, AAT application and re‑assessment requests. The instrument treats requests for reconsideration under s 62 and applications to the AAT under s 64 as distinct from re‑assessment requests for the purpose of triggering the new Guide for pre‑commencement claims (s 6(3)). If a party wants Edition 3.0 to apply to a pre‑commencement determination, they should lodge a formal re‑assessment request on or after the commencement date rather than only pursuing s 62 reconsideration or s 64 AAT review. Conversely, if a party wishes to preserve the prior Guide’s application to a pre‑commencement determination, an election to pursue reconsideration or AAT review rather than a re‑assessment request would be relevant.

Use the approved Guide text in Schedule 1 for assessments. Where the approved Guide applies, relevant authorities and assessors must carry out the assessment, re‑assessment or review under the relevant provisions of the approved Guide (s 5 and the note citing SRC Act s 28(4)). Practically, ensure assessors are provided with Edition 3.0 (Schedule 1) and that their reports and conclusions reference the Guide’s methodology, definitions and impairment tables (for example, AMA4/AMA5 references, activities of daily living metrics, and other Guide‑specific constructs defined in Schedule 1). Training and administrative procedures should be updated to require explicit notation of the Guide edition used.

Cross‑reference SRC Act definitions. Section 4 notes that several expressions used in the instrument are defined in the SRC Act. Practitioners must consult the SRC Act for authoritative meanings of terms such as employee, impairment, injury, non‑economic loss, relevant authority and reviewable decision. Administrative forms and assessment templates should include cross‑references to both the SRC Act and the approved Guide to avoid definitional errors.

Record which Guide was applied. For each assessment, decision, re‑assessment or AAT review, record explicitly which Guide edition was used, the statutory basis for its application (cite s 6(1), (2) or (4) as relevant), and the dates of claim receipt and of any re‑assessment request. This will be essential evidence if a party later disputes whether the correct Guide was used.

Manage transitional matters. For matters decided under Edition 2.1 before commencement, be aware the repeal does not affect previous operation, rights or proceedings under the repealed Guide (s 7 notes). Where those proceedings are ongoing, maintain records consistent with the repealed Guide’s methodologies if those matters were initiated under Edition 2.1. Where a party seeks to change course, ensure the procedural route taken (reconsideration, re‑assessment request, AAT application) aligns with the desired legal consequences in relation to which Guide should apply.

Prepare AAT litigation and review strategy. Where an AAT review is contemplated, remember the AAT must apply the approved Guide for assessments or re‑assessments that fall within s 6(1), (2) or (4) (s 6(5)). If seeking to have the prior Guide applied to an existing determination, consider whether an AAT application will change or preserve the applicable Guide (s 6(3)). Provide evidence in AAT proceedings framed in terms of Edition 3.0 where the AAT is required to use that Guide.

Update contracts and engagement terms for assessors. Relevant authorities and insurers should update engagement contracts with medical assessors and other experts to require compliance with the approved Guide where applicable, and to require the assessor to state which Guide edition their assessment follows and the statutory basis for that choice. This ensures contractual alignment with the instrument’s duty to use Edition 3.0 when required.

Ensure client advice is date‑sensitive. Legal and claims advisers should make clear to clients the date‑dependent nature of the Guide’s application and advise on the procedural options available (re‑assessment request, reconsideration, AAT application) including the differing consequences for which Guide will govern the matter.

No need to create new penalties; rely on existing mechanisms. The instrument imposes no new enforcement mechanism beyond SRC Act processes. Compliance therefore consists of following the procedural and methodological rules set out in the instrument and in the SRC Act, and of using the approved Guide where required.

In sum, compliance requires: (1) determining Guide applicability by reference to receipt dates and procedural classification (s 6); (2) lodging and documenting requests and claims carefully; (3) using Schedule 1 Edition 3.0 as the assessment methodology where required (s 5); (4) cross‑referencing SRC Act definitions (s 4); (5) recording which Guide was applied; and (6) structuring reconsideration, re‑assessment and AAT processes with the instrument’s transitional rules in mind (s 6(2)-(5), s 6(3)).