What is significant injury?
28LF What is significant injury?
S. 28LF inserted by No. 60/2003 s. 4.
For the purposes of this Part injury to a person (other than a psychiatric injury) is significant injury if—
the degree of impairment of the whole person resulting from the injury has been assessed by an approved medical practitioner in accordance with this Part as satisfying the threshold level, unless a Medical Panel has made a determination as to the threshold level under Division 5; or
S. 28LF(1)(aa) inserted by No. 102/2003 s. 14(1).
a certificate of assessment has been issued under section 28LNA in respect of the injury, unless a Medical Panel has made a determination as to the threshold level under Division 5; or
a Medical Panel has determined under Division 5 that the degree of impairment of the whole person resulting from the injury satisfies the threshold level; or
the injury is loss of a foetus; or
S. 28LF(1)(ca) inserted by No. 102/2003 s. 14(2).
the injury is psychological or psychiatric injury arising from the loss of a child due to an injury to the mother or the foetus or the child before, during or immediately after the birth; or
the injury is loss of a breast.
For the purposes of this Part psychiatric injury to a person is significant injury if—
the degree of impairment resulting from the injury has been assessed by an approved medical practitioner in accordance with this Part as satisfying the threshold level, unless a Medical Panel has made a determination as to the threshold level under Division 5; or
S. 28LF(2)(aa) inserted by No. 102/2003 s. 14(3).
a certificate of assessment has been issued under section 28LNA in respect of the injury, unless a Medical Panel has made a determination as to the threshold level under Division 5; or
a Medical Panel has determined under Division 5 that the degree of impairment resulting from the injury satisfies the threshold level.
For the purposes of this Part injury to a person is deemed to be significant injury if—
an agreement is given under Division 4 to waive the requirement for assessment in respect of the injury; or
S. 28LF(3)(aa) inserted by No. 102/2003 s. 14(4).
the injury is deemed under section 28LZG(10) or 28LZGA(4) to be significant injury; or
the court makes a determination in respect of that person under section 28LZN.
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