Corrections Management Regulation 2010

This regulation is the Corrections Management Regulation 2010.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘compensable injury, for part 2 (Compensation and injury management for detainees etc—Act, s 220 (2))—see section 6.’ means that the term ‘compensable injury’ is defined in that section for part 2.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Compensation and injury management for detainees etc—Act, s 220 (2)

Division 2.1 Preliminary

In this part:

compensable injury means an injury in relation to which compensation is payable under this part.

injured person means a person who suffers a compensable injury.

loss, in relation to a thing—

means—

the loss of the thing; or

the permanent loss of the use, or efficient use, of the thing; and

includes the following:

permanent musculoskeletal impairment, or another permanent impairment;

a loss, damage, impairment, disfigurement or disease mentioned in schedule 1 (Compensation for loss).

maximum loss amount means the amount that would be the maximum loss amount under the Workers Compensation Act 1951, section 50 if compensation were payable for the compensable injury under that Act.

rehabilitation services includes training and retraining services.

single loss amount means the amount that would be the single loss amount under the Workers Compensation Act 1951, section 49 if compensation were payable for the compensable injury under that Act.

In this part:

injury means a physical or mental injury (including stress), and includes aggravation, acceleration or recurrence of a pre-existing injury.

In this section:

mental injury (including stress) does not include a mental injury (including stress) completely or mostly caused by reasonable action taken, or proposed to be taken, by the director‑general, or a corrections officer, in relation to the discipline of a detainee or offender.

Division 2.2 Entitlement to compensation

The Territory is liable to pay compensation under this part if—

a detainee suffers an injury that arises out of, or in the course of, the detainee’s detention; or

an offender—

has been directed to do community service work under the Crimes (Sentence Administration) Act 2005, section 91; and

suffers an injury that arises out of, or in the course of, the work.

However, if the injury is caused by a disease, the injury is taken to have arisen out of, or in the course of, the detainee’s detention or the offender’s work only if the detention or work substantially contributes to the injury.

Also, an injury suffered by a detainee or offender partly or completely because the detainee or offender had any of the following pre-existing conditions is taken to have arisen out of, or in the course of, the detainee’s detention or the offender’s work only if the detention or work substantially contributes to the injury:

diseased heart valve;

coronary artery disease;

aortic aneurism;

cerebral aneurism.

Division 2.3 Compensation for loss

An injured person who has suffered a loss mentioned in an item of schedule 1 as the result of a compensable injury is entitled to receive from the Territory, as compensation for the loss, the percentage of the single loss amount mentioned in that item.

For this section, the loss is to be worked out when the last of the following happens:

the Territory became liable to pay compensation;

it is unlikely that there will be an improvement or further improvement in the use, or efficient use, of the injured part of the body.

If a payment of compensation under this part has been made in relation to a compensable injury, nothing prevents a further payment of compensation under this part from being made in relation to the same injury if there is an increase in the loss of the efficient use of the injured part of the body.

Example—loss of efficient use of injured part of body

a loss, or further loss, of sight in an injured eye

An injured person who has suffered 2 or more losses mentioned in schedule 1 (Compensation for loss) because of a compensable injury is not entitled to receive as compensation under this part more than the maximum loss amount for the losses.

If an injured person’s left arm or hand is the person’s dominant limb, in working out the loss for the person—

the loss of the person’s left arm, left hand or fingers of left hand is to be compensated as if it is the loss of the person’s right arm, right hand or fingers of right hand; and

the loss of the person’s right arm, right hand or fingers of right hand is to be compensated as if it is the loss of the person’s left arm, left hand or fingers of left hand.

If a loss (other than the impairment of the back, neck or pelvis) may be compensated by a combination of items in schedule 1 (Compensation for loss) or by a proportionate loss of a single item, the loss is to be compensated by a proportionate loss of the single item.

Examples

1 Loss of 2 or more fingers is compensated as a proportionate loss of the hand.

2 Loss of a hand includes the loss of the thumb and other fingers of the hand and is compensated as a loss, or proportionate loss, of the hand.

3 Loss of an arm at or above the elbow includes the loss of the arm below the elbow and loss of the hand and is compensated as a loss, or a proportionate loss, of the arm at or above the elbow.

4 Loss of a leg at or above the knee includes the loss of the leg below the knee and loss of the foot and is compensated as a loss, or a proportionate loss, of the leg at or above the knee.

5 Loss of a leg below the knee includes the loss of the foot and is to be compensated as a loss, or a proportionate loss, of the leg below the knee.

Loss of an only arm, leg, hand or foot is treated under schedule 1 as the loss of both arms, legs, hands or feet.