36Compensation for injuries resulting in permanent impairment

36  Compensation for injuries resulting in permanent impairment

 (1) If an injury to a covered person results in a permanent impairment, the Commonwealth is liable to pay compensation to the covered person in respect of the injury.

 (2) For the purpose of determining whether an impairment is permanent, Comcare must have regard to:

 (a) the duration of the impairment; and

 (b) the likelihood of improvement in the covered person’s condition; and

 (c) whether the covered person has undertaken all reasonable rehabilitative treatment for the impairment; and

 (d) any other relevant matters.

 (3) Subject to this section, the amount of compensation payable to the covered person is the amount assessed by Comcare under subsection (4), being an amount not exceeding the maximum amount at the date of the assessment.

 (4) The amount assessed by Comcare must be an amount that is the same percentage of the maximum amount as the percentage determined by Comcare under subsection (5).

 (5) Comcare must determine the degree of permanent impairment of the covered person resulting from an injury under the provisions of the approved Guide, in accordance with section 40.

 (6) The degree of permanent impairment must be expressed as a percentage.

 (7) Subject to section 37, if:

 (a) the covered person has a permanent impairment other than a hearing loss; and

 (b) Comcare determines that the degree of permanent impairment is less than 10%;

an amount of compensation is not payable to the covered person under this section.

 (8) Subject to section 37, if:

 (a) the covered person has a permanent impairment that is a hearing loss; and

 (b) Comcare determines that the binaural hearing loss suffered by the covered person is less than 5%;

an amount of compensation is not payable to the covered person under this section.

 (9) Subsection (7) does not apply to any one or more of the following:

 (a) the impairment constituted by the loss, or the loss of the use, of a finger;

 (b) the impairment constituted by the loss, or the loss of the use, of a toe;

 (c) the impairment constituted by the loss of the sense of taste;

 (d) the impairment constituted by the loss of the sense of smell.

 (10) For the purposes of this section, the maximum amount is $179,975.26.