32ADefinitions

#### 32A Definitions 32A Definitions > > (1) In this Division and in Schedule 3— > > > > fair work instrument means— > > > > > (a) a fair work instrument (other than an FWA order) within the meaning of the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (b) a transitional instrument within the meaning of the [Fair Work (Transitional Provisions and Consequential Amendments) Act 2009](http://www.legislation.gov.au/) of the Commonwealth. > > > > first entitlement period, in relation to a claim for compensation in the form of weekly payments made by a worker, means an aggregate period not exceeding 13 weeks (whether or not consecutive) in respect of which a weekly payment has been paid or is payable to the worker. > > > > maximum weekly compensation amount means the maximum weekly compensation amount under section 34. > > > > second entitlement period, in relation to a claim for compensation in the form of weekly payments made by a worker, means an aggregate period of 117 weeks (whether or not consecutive) after the expiry of the first entitlement period in respect of which a weekly payment has been paid or is payable to the worker. > > > > suitable employment, in relation to a worker, means employment in work for which the worker is currently suited— > > > > > (a) having regard to— > > > > > > > (i) the nature of the worker’s incapacity and the details provided in medical information including, but not limited to, any certificate of capacity supplied by the worker (under section 44B), and > > > > > > > (ii) the worker’s age, education, skills and work experience, and > > > > > > > (iii) any plan or document prepared as part of the return to work planning process, including an injury management plan under Chapter 3 of the 1998 Act, and > > > > > > > (iv) any occupational rehabilitation services that are being, or have been, provided to or for the worker, and > > > > > > > (v) such other matters as the Workers Compensation Guidelines may specify, and > > > > > (b) regardless of— > > > > > > > (i) whether the work or the employment is available, and > > > > > > > (ii) whether the work or the employment is of a type or nature that is generally available in the employment market, and > > > > > > > (iii) the nature of the worker’s pre-injury employment, and > > > > > > > (iv) the worker’s place of residence. > > > > work capacity assessment means a work capacity assessment under section 44A. > > > > work capacity decision—see section 43. > > > > worker with high needs means a worker whose injury has resulted in permanent impairment and— > > > > > (a) the degree of permanent impairment has been assessed for the purposes of Division 4 to be more than 20%, or > > > > > (b) an assessment of the degree of permanent impairment is pending and has not been made because a medical assessor has declined to make the assessment on the basis that maximum medical improvement has not been reached and the degree of permanent impairment is not fully ascertainable, or > > > > > > Note. > > > > > > Paragraph (b) no longer applies once the degree of permanent impairment has been assessed. > > > > > (c) the insurer is satisfied that the degree of permanent impairment is likely to be more than 20%, > > > > and includes a worker with highest needs. > > > > worker with highest needs means a worker whose injury has resulted in permanent impairment and— > > > > > (a) the degree of permanent impairment has been assessed for the purposes of Division 4 to be more than 30%, or > > > > > (b) an assessment of the degree of permanent impairment is pending and has not been made because a medical assessor has declined to make the assessment on the basis that maximum medical improvement has not been reached and the degree of permanent impairment is not fully ascertainable, or > > > > > > Note. > > > > > > Paragraph (b) no longer applies once the degree of permanent impairment has been assessed. > > > > > (c) the insurer is satisfied that the degree of permanent impairment is likely to be more than 30%. > > > (2) Words and expressions in this Division that are defined in Schedule 3 have the meanings provided by that Schedule. The regulations may amend Schedule 3. > > > > Note. > > > > Definitions include current work capacity, current weekly earnings and pre-injury average weekly earnings. > > **s 32A:** Ins 2012 No 53, Sch 1.1 \[2\]. Am 2015 No 18, Sch 2 \[1\]–\[3\]; 2018 No 62, Sch 3.1\[1\] \[2\]; 2020 No 18, Sch 6.10\[1\].