Workers’ Compensation and Rehabilitation Act 2003

If general damages are to be awarded by a court in relation to an injury, the court must assess an injury scale value as follows—

the worker’s total general damages must be assigned a numerical value (injury scale value) on a scale running from 0 to 100;

the scale reflects 100 equal gradations of general damages, from a case in which an injury is not severe enough to justify any award of general damages to a case in which an injury is of the gravest conceivable kind;

in assessing the injury scale value, the court must—

assess the injury scale value under any rules provided under a regulation; and

have regard to the injury scale values given to similar injuries in previous proceedings.

If a court assesses an injury scale value for a particular injury to be more or less than any injury scale value prescribed for or attributed to similar particular injuries under subsection (1)(c), the court must state the factors on which the assessment is based that justify the assessed injury scale value.