Comparison of Workers’ Compensation Arrangements in Australia and New Zealand (2012)

Table 3.6: Industrial deafness thresholds

	Industrial deafness thresholds
New South Wales	At least 6% binaural total hearing loss – 1987 Act, s69A.
Victoria	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 89, 91 & 98C.
Queensland	Not for the first 5% – s125.
Western Australia	At least 10% hearing loss for first election – s24A. Further 5% for subsequent elections – s24A.
South Australia	There are no specific thresholds provided in the Workers Rehabilitation and Compensation Act 1986 in order 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 – s43.
Tasmania	5% binaural hearing impairment – s72A(3).
Northern Territory	Impairments no less than 5% – s70.
Australian Capital Territory	6% hearing loss (boilermakers deafness or similar deafness) – s64(1).
C’wealth Comcare	Binaural hearing loss of less than 5% is not payable – s24(7A).
C’wealth Seacare	10% hearing loss – s39(7).
C’wealth DVA	At least 5 impairment points hearing loss – MRCA s69(a).
New Zealand	6% binaural hearing loss – s26(1A).

Table 3.7: Definition of work - journeys and breaks

	New South Wales	Victoria	Queensland	Western Australia	South Australia	Tasmania	Northern Territory	Australian Capital Terrirory	C’wealth Comcare	C’wealth Seacare	C’wealth DVA	New Zealand
Journeys to and from work	Yes, some restrictions – 1987 Act, s10.	No – s83.	Yes, some restrictions – s35.	No – s19(2).	Generally no. Only where there is a real and substantial connection between the employment and the accident out of which the disability arises – s30(5).	No, some exceptions – s25(6).	Yes, some restrictions – s4.	Yes – s36.	No, some exceptions – s6(1C).	Yes – s9(e).	Yes - s.27; exceptions - s.35.	Yes, some restrictions - s28(1)(b).
Work-related travel	Yes, covered by s4 definition of ‘personal injury arising out of or in the course of employment’ - 1987 Act.	Yes, some restrictions – s83.	Yes – s34.	Yes – s19(1).	Yes – s30.	Yes –s25(6).	Yes – s4.	Yes – s36.	Yes – s6(1)(d).	Yes – s9(e).	Yes - s.27; exceptions - s.35.	Yes – s28(1)(a).
Breaks - onsite	Yes – 1987 Act, s11	Yes – s83.	Yes – s34(1)(c).	Yes	Yes, if the break is authorised – s30(3).	Yes – s25(6).	Yes – s4.	No reference.	Yes - s6(1)(b).	Yes – s9(b).	Yes - s.27.	Yes – s28(1)(b).
Breaks - offsite	Yes – 1987 Act, s11	Yes – s83.	Yes – s34(1)(c).	No reference in the Act. Coverage depends on factual circumstances or common law.	No.	No, some exceptions – s25(6).	Yes – s4.	No reference.	No	Yes – s9(b).	Yes - s.27.	Yes, some restrictions.