Victorian Current Acts Victorian Current ActsS. 28LI(1) amended by No. 38/2017 s. 98.
(1) For the purposes of assessing the degree of psychiatric impairment the A.M.A. Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 14 there were substituted the guidelines entitled "The Guide to the Evaluation of Psychiatric Impairment for Clinicians".
(2) For the purposes of assessing the degree of asthma impairment—
S. 28LI(2)(a) amended by No. 38/2017 s. 98.
(a) the A.M.A. Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 5, Tables 8 and 10, there were substituted the guidelines entitled "Impairment Assessment in Workers with Occupational Asthma"; and
(b) a reference in the guidelines entitled "Impairment Assessment in Workers with Occupational Asthma" to " occupational asthma" is to be construed as a reference to "asthma".
(3) For the purposes of assessing the degree of infectious disease impairment—
S. 28LI(3)(a) amended by No. 38/2017 s. 98.
(a) the A.M.A. Guides apply, subject to any regulations made for the purposes of this section and subject to the guidelines entitled "Clinical Guidelines to the Rating of Impairments arising from Infectious Occupational Diseases"; and
(b) a reference in the guidelines
entitled "Clinical Guidelines to the Rating of Impairments arising from
Infectious Occupational Diseases" to "infectious occupational diseases" is to
be construed
as a reference to "infectious diseases".
S. 28LI(4) substituted by No. 67/2013 s. 649(Sch. 9 item 36(6)).
(4) Unless subsection (5) applies, the guidelines referred to in subsections (1), (2) and (3) are the guidelines referred to in sections 64, 65 and 66 of the Workplace Injury Rehabilitation and Compensation Act 2013 .
(5) The guidelines referred to in subsections (1), (2) and (3) may be amended, varied or substituted by a subsequent edition of the guidelines published by the Minister in the Government Gazette.
(6) If a subsequent edition of the guidelines is published by the Minister in the Government Gazette under subsection (5), the guidelines have effect from the day after the day on which the Government Gazette is published.
(7) Subject to subsection (8)—
(a) this section as in force before the commencement of section 48 of the Accident Compensation and Other Legislation (Amendment) Act 2006 continues to apply if before that commencement a person has had at least one impairment examination for the purposes of assessing the degree of psychiatric impairment, the degree of asthma impairment or the degree of infectious disease impairment;
(b) if paragraph (a) does not apply, this section as amended by section 48 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies for the purposes of assessing the degree of psychiatric impairment, the degree of asthma impairment or the degree of infectious disease impairment in an impairment examination made on or after the commencement of section 48 of the Accident Compensation and Other Legislation (Amendment) Act 2006 .
(8) Despite subsection (7)(b), if the first guidelines under section 91 of the Accident Compensation Act 1985 as amended by section 9 of the Accident Compensation and Other Legislation (Amendment) Act 2006 are not in force on the commencement of section 48 of the Accident Compensation and Other Legislation (Amendment) Act 2006 , this section as in force before that commencement continues to apply for the purposes of assessing the degree of psychiatric impairment in an impairment examination made on or after that commencement until the first guidelines are in force.
S. 28LJ inserted by No. 60/2003 s. 4.