Guide to Determining Impairment and Compensation 2016
Instrument 2016 No. MRCC37
made under subsection 67(1) of the
Military Rehabilitation and Compensation Act 2004
Compilation No. 2
Compilation date: 4 March 2025
Includes amendments: F2025L00271
This compilation is in 2 volumes
Volume 1: sections 1–7
Schedule
Volume 2: The Guide
Endnotes
About this compilation
This compilation
This is a compilation of the Guide to Determining Impairment and Compensation 2016 that shows the text of the law as amended and in force on 4 March 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1. Name
This instrument is the Guide to Determining Impairment and Compensation 2016.
2. Short Title
The short title for this instrument is GARP M.
4. Transitional
A process (e.g. an assessment) commenced under the Guide to Determining Impairment and Compensation (Instrument 2015 No. MRCC4) and not finalised before the commencement of this instrument may be completed under this instrument as if the process had been commenced under this instrument.
Guide determination
For the purposes of section 67 of the Military Rehabilitation and Compensation Act 2004, it is determined by the Military Rehabilitation and Compensation Commission that the following Guide to Impairment and Compensation applies as the guide for the determination of the degree of impairment and lifestyle ratings when determining the compensation payable to a person under the Military Rehabilitation and Compensation Act 2004.
Power under C&T Act
(1) Subsection 13(4) of the C&T Act provides that the MRCC may include in the guide under section 67 of the MRCA one or more methods of working out the amount of compensation a person is entitled to under Part 2 of Chapter 4 of the MRCA for a service injury or disease where a person also has:
(a) a separate war-caused or defence-caused injury or disease (within the meaning of the VEA); or
(b) a separate injury or disease (within the meaning of the SRCA).
(2) A method may (but does not have to) include a method of offsetting payments made to the person under the VEA or SRCA in respect of the old injury or disease.
(3) In this section:
C&T Act means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.
MRCA means the Military Rehabilitation and Compensation Act 2004.
MRCC means the Military Rehabilitation and Compensation Commission.
SRCA means the Safety, Rehabilitation and Compensation Act 1988.
VEA means the Veterans’ Entitlements Act 1986.
Application provisions
The application provisions in the Schedule have effect.
Schedule
Application provisions
(a) In this Schedule:
Commencement day means the day on which GARP M (Transitional Impairment Methodology and Interim Permanent Impairment Lifestyle Methodology) Amendment Determination 2013 commenced.
Note: GARP M (Transitional Impairment Methodology and Interim Permanent Impairment Lifestyle Methodology) Amendment Determination 2013 commenced on 1 July 2013.
Commission means the Military Rehabilitation and Compensation Commission.
permanent impairment, in relation to a person, means the person’s impairment for which compensation is payable under Chapter 4 of Part 2 of the Military Rehabilitation and Compensation Act 2004 (MRCA).
(b) Subject to paragraphs (c) and (d), the provisions of Chapter 25 of GARP M (as in force on the commencement day) are taken to apply to all claims to which section 13 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 applies on and from 1 July 2004.
(c) Subject to paragraph (e), if,
(i) a person is a person whose permanent impairment was calculated under Chapter 25 as it applied prior to the commencement day (pre-existing methodology); and
(ii) on or after the commencement day, the application of the methodology in Chapter 25 of GARP M as in force on the commencement day (new methodology) would result in a lower amount of compensation for that person for the same condition and level of impairment that applied on the day that the last determination was made before 1 July 2013:
then, the methodology that is to apply to that person in relation to that condition and impairment on and after the commencement day is the pre-existing methodology.
(d) Subject to paragraph (e), if,
(i) a person has made a claim in respect of a permanent impairment before 1 July 2013; and
(ii) the claim has not been determined before 1 July 2013;
then, the methodology that is to apply to that person in relation to that condition and impairment on and after the commencement day is the pre-existing methodology.
(e) For a person to whom paragraph (c) or (d) applies, the pre-existing methodology is to apply until a determination of the amount of compensation payable for a person’s permanent impairment using the new methodology results in a change in the amount of compensation payable.
(f) Despite section 3, this instrument is taken not to apply retrospectively to 2 July 2015 in respect of a claim lodged by a person on or after that date and before the registration of this instrument, to the extent that the application of the new methodology would result in a lower amount of compensation for that person in respect of that claim than the person would have received if the pre-existing methodology had been applied to determine the person’s permanent impairment for that claim.
Commonwealth Coat of Arms of Australia
Guide to Determining Impairment and Compensation 2016
Instrument 2016 No. MRCC37
made under subsection 67(1) of the
Military Rehabilitation and Compensation Act 2004
Compilation No. 2
Compilation date: 4 March 2025
Includes amendments: F2025L00271
This compilation is in 2 volumes
Volume 1: sections 1–7
Schedule
Volume 2: The Guide
Endnotes
About this compilation
This compilation
This is a compilation of the Guide to Determining Impairment and Compensation 2016 that shows the text of the law as amended and in force on 4 March 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
GUIDE TO DETERMINING IMPAIRMENT AND COMPENSATION (GARP M)
INTRODUCTION
Purpose
This Guide is to be applied to assess the degree of impairment from service injury or disease. Its provisions are binding on the Military Rehabilitation and Compensation Commission, the Veterans’ Review Board, and the Administrative Appeals Tribunal.
Legal background
The Military Rehabilitation and Compensation Act 2004 provides for periodic payments to be made to members for impairment resulting from service injuries or diseases as defined in section 5 of the Act.
Part 2 of Chapter 4 of the Act provides that periodic payments are payable only if certain thresholds are reached as determined by reference to the extent of the veteran’s incapacity as assessed in accordance with this Guide. Subsection 67(1) of the Act provides that the Guide prepared by the Military Rehabilitation and Compensation Commission sets out:
(a) criteria to be used in deciding the degree of impairment of a person resulting from a service injury or disease; and
(b) methods by which the degree of that impairment can be expressed in impairment points on a scale from 0 to 100; and
(c) criteria to be used in assessing the effect of a service injury or disease on a person’s lifestyle; and
(d) methods by which the effect of a service injury or disease on a person’s lifestyle can be expressed as a numerical rating; and
(e) methods by which the impairment points of a person, and the effect on a person’s lifestyle, from a service injury or disease can be used to determine the compensation payable to the person under this Part by reference to the maximum compensation that can be payable to a person under this Part.
In addition the Guide, in accordance with subsection 67(2) of the Act
(a) specifies different methods under paragraph (1)(e) for:
(i) service injuries or diseases that relate to warlike service or non‑warlike service; and
(ii) other service injuries or diseases; and
(b) specifies a method for determining the compensation payable to a person who has both:
(i) a service injury or disease that relates to warlike service or non‑warlike service; and
(ii) another service injury or disease.
Definitions
In this Guide, unless a contrary intention appears:
accepted condition means an injury or disease that has been determined to be caused by service.
Act means the Military Rehabilitation and Compensation Act 2004 as amended from time to time.
add means find the arithmetic sum of two or more numbers.
clinical features includes signs and symptoms.
combine means produce a result by combining two or more numbers by applying Chart 18.1 (Combined Values Chart) in Chapter 18 in accordance with that Chapter.
Commission means the Military Rehabilitation and Compensation Commission.
condition means an injury or a disease.
defence‑caused injury and defence‑caused disease have the meaning given in section 70 of the VEA.
disease means:
(a) any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or
(b) the recurrence of such an ailment, disorder, defect or morbid condition;
but does not include:
(c) the aggravation of such an ailment, disorder, defect or morbid condition; or
(d) a temporary departure from:
(i) the normal physiological state; or
(ii) the accepted ranges of physiological or biochemical measures;
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, the effect of alcohol on blood cholesterol levels).
GARP V means the Guide to the Assessment of Rates of Veterans’ Pensions, Fifth Edition (GARP V), instrument No.9 of 1997, as amended or remade from time to time.
Guide means this Guide to Determining Impairment and Compensation.
impairment, in relation to a person, means the loss, the loss of the use, or the damage or malfunction, of any part of the person’s body, of any bodily system or function, or of any part of such a system or function.
impairment rating means a measure of the degree of medical impairment on a scale of 0 to 100.
injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
(a) a disease; or
(b) the aggravation of a physical or mental injury.
lifestyle points means the number of points determined using the tables in Chapter 22 of this Guide.
lifestyle averaged points means the total of lifestyle points added together and averaged for each of the tables used.
lump sum means the amount payable after determining the periodic payment for a service injury or disease and converted to a single dollar amount in accordance with the tables provided by the Australian Government Actuary for that purpose.
member or former member means a member or former member of the Defence Force who serves or served on or after 1 July 2004.
non‑accepted condition means any injury or disease that has not been determined under the Act to be service related or has been determined under the Act not to be service related.
periodic payment means the amount determined by reference to the tables in this guide for warlike and non‑warlike service or for peacetime service and the maximum amount payable under the relevant provision of the Act.
service means service in the Defence Force which is warlike service, non‑warlike service or peacetime service as determined by the Minister for Defence from time to time.
service disease has the meaning given by section 27, subsections 29(1) and (2), and section 30 of the Act.
Note: A reference to a service disease being contracted includes a reference to a disease being aggravated by defence service (see section 7 of the Act).
service injury has the meaning given by section 27, subsections 29(1) and (2), and section 30 of the Act.
Note: A reference to a service injury being sustained includes a reference to an injury being aggravated by defence service (see section 7 of the Act).
SRCA means the Safety, Rehabilitation and Compensation Act 1988.
Statement of Principles means:
(a) a Statement of Principles determined by the Repatriation Medical Authority under section 196B of the VEA and to which section 19 of the Consequential and Transitional Provisions Act 2004 applies; or
(b) a determination made by the Commission under subsection 340(2) or (3) of the Act.
VEA means the Veterans’ Entitlements Act 1986.
veteran means a member or former member of the Defence Force (including a deceased person) under section 5 of the MRCA in respect of whom an injury or disease has been determined to be caused by that service.
war‑caused injury and war‑caused disease have the meaning given in section 9 of the VEA.
worksheet means a page or pages of this Guide, identified as such, that gives a structure by which certain calculations may be set out to assist in determining an impairment rating.
Definitions of words and phrases that are used in only one chapter are to be found in that chapter.
Acknowledgment of sources
The Guide to the Assessment of Rates of Veterans’ Pensions Fifth Edition, Part A Chapters 1–12 and Part B Chapters 13‑17 and Part C Chapters 18‑21 are the basic tables for this Guide.
That publication acknowledges that the following published works were found to be useful in the preparation of the VEA Guide (GARP V) and therefore were basic to this Guide as well:
Guides to the Evaluation of Permanent Impairment, 4th edition, American Medical Association, 1993;
International Classification of Impairments, Conditions, and Handicaps, World Health Organisation, Geneva, 1980; and
Publication No 118 of the National Acoustic Laboratories, Improved Procedure for Determining Percentage Loss of Hearing, by J. Macrae, Australian Government Publishing Service, Canberra, 1988.
HOW TO USE THIS GUIDE
The subject of assessment
This Guide is to be applied to assess the impairment points due to injuries or diseases, or both, that are determined to be service related.
In making any determination on the impairment the clinical features of injuries or diseases are to be taken into account. Sequelae of conditions can only be assessed after the sequelae have been determined to be service related.
The elements of whole person impairment and compensation
The two elements required to determine a periodic payment are medical impairment and lifestyle. Impairment is dealt with in Chapters 1 – 21 of this Guide. Lifestyle effects are dealt with separately and are described in Chapter 22 of this Guide.
Chapters 1 to 16 of this Guide contain two principal types of tables. Physical loss is to be rated against criteria in “Other Impairment” tables. Functional loss is to be rated against criteria in “Functional Loss” tables.