Model WHS Laws

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 Industrial deafness thresholds
NSW

For claims made on or after 19 June 2012, the threshold for lump sum compensation for permanent impairment is greater than 10% permanent impairment —  s66(1) , Workers Compensation Act 1987 

Different arrangements apply to exempt workers

Vic 

No specific level of hearing loss required to claim compensation (e.g. medical expenses)

10% hearing loss and further hearing loss required for lump sum impairment benefit —  ss 61 62 211 and  213 , Workplace Injury Rehabilitation and Compensation Act 2013 

QldNot for the first 5% —  s125 , Workers’ Compensation and Rehabilitation Act 2003 
WA 

At least 10% hearing loss for first election —  s24A , Workers’ Compensation and Injury Management Act 1981 

Further 5% for subsequent elections —  s24A , 1981 Act

SANo specific thresholds required for hearing loss to be compensable, however, a lump sum for non-economic loss is only payable if there is a 5% or greater whole person impairment —  s58(2) , Return to Work Act 2014 
Tas 5% binaural hearing impairment —  s72A(3) , Workers Rehabilitation and Compensation Act 1988 
NTImpairments must be 5% WPI or more —  s70 , Return to Work Act 1986 
ACT 6% hearing loss (boilermakers deafness or similar deafness) —  s64(1) , Workers Compensation Act 1951 
C’wealth ComcareBinaural hearing loss of less than 5% is not payable as a permanent impairment lump sum —  s24(7A) Safety, Rehabilitation and Compensation Act 1988 
C’wealth Seacare 

No specific level of hearing loss required to claim compensation for medical expenses

10% hearing loss required for lump sum permanent impairment and non-economic loss benefit —  s39(7) , Seafarers Rehabilitation and Compensation Act 1992 

C’wealth DVA

Military Rehabilitation and Compensation Act 2004 (MRCA) - the Statements of Principles used for determining claims for sensorineural hearing loss requires a permanent shift to a hearing threshold level of 25 decibels (dB) or more, at 500, 1 000, 1 500, 2 000, 3 000, 4 000 or 6 000 hertz (Hz) and under  s69(a) — At least 5 impairment points hearing loss. 

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) has no requirement for a minimum decibel shift to have occurred for liability to be accepted and under   s24(7A) — Binaural hearing loss of less than 5% is not payable as a permanent impairment lump sum

New Zealand 5% binaural hearing loss —  s26(1A) , Accident Compensation Act 2001