Victorian Numbered Acts Victorian Numbered Acts(1) For the purposes of assessing the degree of impairment of the whole person resulting from diminution of hearing, the percentage of the diminution of hearing determined in accordance with subsection (4) is to be converted as follows—
(a) if the diminution of hearing assessed as a binaural loss of hearing is less than 10 per cent NAL, the degree of impairment is zero;
(b) if the diminution of hearing assessed as a binaural loss of hearing is 10 per cent NAL, the degree of impairment is 10 per cent;
(c) if the diminution of hearing assessed as a binaural loss of hearing is more than 10 per cent NAL, the degree of impairment is the percentage equivalent of the number (rounded up to the next whole number) given by the formula—
10 + [0·278 (NAL − 10)]—
where NAL is the percentage of diminution of hearing determined in accordance with subsection (4).
(2) In the case of a further injury, for the purposes of assessing the degree of impairment of the whole person resulting from a diminution of hearing assessed as a binaural hearing impairment from which the worker was suffering immediately after the further injury in respect of which the claim is made, the percentage of the diminution of hearing is to be determined in accordance with subsection (4) and converted in accordance with subsection (1).
(3) In the case of a further injury, for the purposes of assessing the degree of impairment of the whole person resulting from a diminution of hearing in respect of prior injury or prior hearing loss, the percentage of the diminution of hearing is to be determined in accordance with section 61(5) and (6) and converted as follows—
(a) if the diminution of hearing assessed as a binaural loss of hearing is less than 10 per cent NAL, the degree of impairment is equal to that per cent (rounded up to the next whole number);
(b) if the diminution of hearing assessed as a binaural loss of hearing is 10 per cent NAL, the degree of impairment is 10 per cent;
(c) if the diminution of hearing assessed as a binaural loss of hearing is more than 10 per cent NAL, the degree of impairment is the percentage equivalent of the number (rounded up to the next whole number) given by the formula—
10 + [0·278 (NAL − 10)]—
where NAL is the percentage of diminution of hearing determined in accordance with section 61(5) and (6).
(4) For the purposes of this section and section 61(2)(a), the percentage of diminution of hearing—
(a) must be assessed as a binaural loss of hearing and determined—
(i) by a person or class of persons approved; and
(ii) in the manner approved—
by the Minister; and
(b) must be assessed as a binaural loss of hearing and determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory.
(5) An approval by the Minister for the purposes of subsection (4) continues in force for the period not exceeding 3 years as is specified by the Minister in the approval unless revoked by the Minister.