Australian Capital Territory Numbered Regulations

CORRECTIONS MANAGEMENT REGULATION 2010 (NO 52 OF 2010) - REG 18

    (1)     In working out the compensation payable under this part for a loss (the initial loss ), an amount must be deducted from the compensation (the deductible proportion ) for any proportion of the loss attributable to—

        (a)     a previous injury (whether or not it is an injury for which compensation has been paid, or is payable, under this part); or

        (b)     a pre-existing condition or abnormality.

    (2)     In subsection (1), it does not matter whether the initial loss is a total or partial loss.

    (3)     If there is a deductible proportion for a loss but the extent of the deductible proportion (or a part of it) will be difficult or costly to work out, it is to be assumed that the deductible proportion for the loss (or the relevant part of the loss) is 10% of the loss, unless this assumption is contrary to the available evidence.

Example

If this subsection requires it to be assumed that the deductible proportion in relation to a particular loss is 10% and the loss is 30% of the loss of the use of the right arm, the deductible proportion for the loss is 3% (that is, 10% of 30%).

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     However, section 20 must be used to work out how much (if any) of an injured person's hearing loss is caused by age.