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How Hard is Fair? Australian Compensation Health Research Forum October 13/14, 2011 Chris Latham.

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Presentation on theme: "How Hard is Fair? Australian Compensation Health Research Forum October 13/14, 2011 Chris Latham."— Presentation transcript:

1 How Hard is Fair? Australian Compensation Health Research Forum October 13/14, 2011 Chris Latham

2 Overview The need to measure What should we measure? Why is impairment favoured? Can we do better? International Classification of Functioning etc (ICF) Measurement tools in NDIS context Where to from here? 2

3 The need to measure Accident compensation schemes can be:  No-fault  Fault-based (common law)  A hybrid In each case a measure of severity is used to determine eligibility and/or quantum Eligibility-thresholds for lump sums, income benefits Quantum-can be explicit or implicit Proportions of benefits affected can vary widely 3

4 What should we measure? Impairment or disability Fundamentally different approaches which derive from alternative models Existing confusion 4

5 Why is impairment favoured? In Australia and NZ impairment reigns supreme because:  There are respectable tools available (AMA Guides)  Seen as objective, have credibility  Have been successful in keeping costs stable Is this good enough? 5

6 Can we do better? Use of impairment fails to distinguish individual circumstances Common law does this-but suffers from other problems The social model is more compelling Need for a measure of disability for a no-fault environment 6

7 ICF Provides a framework for measuring disability Endorsed by WHO Australian User Guide prepared by AIHW in 2003 Need to move from framework to development of assessment tools 7

8 Measurement tools in NDIS context NDIS requires assessment of support needs Acknowledged that no perfect tools currently available Existing tools specific to certain disabilities- not applicable generally Need for coherent package of tools while encouraging on- going development 8

9 Where to from here? A change from impairment to disability in accident compensation would be difficult Time-consuming, expensive, dislocation in schemes But- if it is the right thing to do we should do it Remember the words of Jean-Paul Sartre 9

10 What would you like to grow? © 2010 PricewaterhouseCoopers. All rights reserved. In this document, “PwC” refers to PricewaterhouseCoopers, which is a member firm of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity


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