Workers’ Compensation and Rehabilitation Act 2003

The worker is entitled to compensation for the industrial deafness under part 10 and sections 211(1)(a) and 219(1) and not under any other provision.

The application for compensation for industrial deafness must be made—

while the claimant is a worker under this Act; or

if the claimant would ordinarily be a worker under this Act but is temporarily unemployed; or

within 12 months after the claimant’s formal retirement from employment.

The worker is entitled to compensation for industrial deafness that is attributable to the worker’s employment in the State as a worker if the worker—

has been employed in an industry in the State for a period of, or for periods totalling, at least 5 years; and

the employment was at a location, or at locations, where the noise level was a significant contributing factor to the industrial deafness.

The worker is not entitled to lump sum compensation for the first 5% of the worker’s diminution of hearing.

The insurer must ask that the worker’s degree of permanent impairment resulting from the diminution of hearing be assessed under section 179.