Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 109

Working out full-time ADF earnings

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

Note:          The amount of $100 is indexed under section 183.

             (2)  The Reservist's full-time ADF pay for a week means the amount of pay that the Reservist would have earned for the week as a continuous full-time Reservist if:

                     (a)  the Reservist were still a continuous full-time Reservist; and

                     (b)  the Reservist were not incapacitated for service.

Note:          The Reservist's full-time ADF pay might be adjusted under Part 5.

             (3)  The Reservist's allowance component for a week means the total amount of compensable pay-related allowances that would have been paid to the Reservist for the week if:

                     (a)  the Reservist were still a continuous full-time Reservist; and

                     (b)  the Reservist were not incapacitated for service.

Note:          The Reservist's allowance component might be adjusted under Part 5.

             (4)  The Chief of the Defence Force must advise the Commission in writing of the date on which each compensable pay-related allowance would normally have ceased to be paid to the Reservist if:

                     (a)  the Reservist were still a continuous full-time Reservist; and

                     (b)  the Reservist were not incapacitated for service.

             (5)  In this section:

"compensable pay-related allowance" for an incapacitated Reservist means a pay-related allowance:

                     (a)  that was being paid to the Reservist immediately before completing his or her last period of full-time service; or

                     (b)  that the Reservist would have been paid after completing his or her initial training, as mentioned in section 189.



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