Clause 6 of the Victims Support and Rehabilitation Rule 1997 provides that an application for statutory compensation is to include a description of the compensable injuries for which compensation is sought [Clause 6(1)]. If compensation is sought for 2 or more injuries, the application for compensation is to nominate the most serious injury (based on the largest, second largest or third largest standard amount payable) – clause 6(3).

If an applicant elects under section 11 of the Act to claim a single standard amount or range of compensation, a description of each of those injuries is required [clause 6(2)]. If an election is not made, the person determining the application is to make the election [section 11(3)].

Irrespective of whether or not applicants comply with clause 6, any compensable injuries established by the evidence should be determined and subject to the Act (sections 20, 24 and 30) an award made.


C. Brahe
Chairperson
20 February 2008