42Approved Guide

#### 42 Approved Guide (1) The Authority may, from time to time, prepare a written document, to be called the “Guide to the Assessment of the Degree of Permanent Impairment”, setting out: (a) criteria by reference to which the degree of the permanent impairment of an employee resulting from an injury must be determined; and (b) criteria by reference to which the degree of non‑economic loss suffered by an employee as a result of an injury or impairment must be determined; and (c) methods by which the degree of permanent impairment and the degree of non‑economic loss, as determined under those criteria, must be expressed as a percentage. (2) The Authority may, from time to time, by instrument in writing, vary or revoke the approved Guide. (3) A document prepared by the Authority under subsection (1), and an instrument under subsection (2), have no force or effect unless and until approved by the Minister. (3A) A Guide prepared under subsection (1), or a variation or revocation of a Guide under subsection (2), that is approved by the Minister is a legislative instrument made by the Minister on the day on which he or she approves the Guide, variation or revocation. (4) If an employer or the ART is required to assess or reassess, or review the assessment or reassessment 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 assessment, reassessment or review must be made in accordance with the approved Guide. (5) The percentage of permanent impairment or non‑economic loss suffered by an employee as a result of an injury ascertained under the methods referred to in paragraph (1)(c) may be 0%. (6) In preparing criteria for the purposes of paragraphs (1)(a) and (b), or in varying those criteria, the Authority must have regard to medical opinion concerning the nature and effect (including possible effect) of the injury and the extent (if any) to which impairment resulting from the injury, or non‑economic loss resulting from the injury or impairment, may reasonably be capable of being reduced or removed. (8) The Authority must make copies of the approved Guide and of any approved variation of that Guide, available upon application by a person and payment of the prescribed fee (if any).