VICIn ForceAct
Transport Accident Act 1986
180Section 46C (Rounding of assessments of impairment)
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180 Section 46C (Rounding of assessments of impairment)
(1) Section 46C applies to any determination of the degree of impairment in respect of an injury (including any determination of the degree of impairment in respect of an injury referred to in section 177(1)) made on or after the date of commencement of section 28.
(2) If—
(a) a determination of a degree of impairment had been made before the date of commencement of section 28 of the amending Act; and
(b) no number determined under the A.M.A. Guides was rounded up or down in the making of the determination—
in reviewing the determination, the Commission or a court or tribunal (as the case may be) must not round up or down any number determined under the A.M.A. Guides.
(3) Subsection (2) applies regardless of whether or not an application for review, or an appeal, had been lodged in respect of the determination before that date of commencement, and regardless of whether or not the fact that there was no rounding in determining the number was one of the grounds on which an application for review, or an appeal, was based.
(4) Despite subsection (2), the Commission or a court or tribunal may round a final value determined under the A.M.A. Guides to the nearest whole percent.
New s. 181 inserted by No. 95/2003 s. 32.