Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 101

Working out actual earnings

             (1)  The actual earnings for a week for an incapacitated Reservist means the amount worked out using the following formula:

             (2)  The Reservist's actual ADF pay for a week means the amount of pay that the Reservist earns for the week as a part-time Reservist.

             (3)  The Reservist's actual pay-related allowances for a week means the total amount of compensable pay-related allowances (as defined in subsection 96(3)) that are paid to the Reservist for the week.

             (4)  The Reservist's actual civilian earnings means the greater of the following amounts:

                     (a)  the weekly amount (if any) that the Reservist is able to earn in suitable work;

                     (b)  the amount the Reservist earns (including from allowances other than expense allowances) for the week from civilian work that he or she undertakes for the week.

Note:          Section 181 sets out some matters the Commission must have regard to in determining how much the person is able to earn under paragraph (4)(a).



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