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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 154

Working out the ADF component of normal earnings

  (1)   The ADF component for a week for an incapacitated person is the amount worked out using the following formula:

Start formula open bracket Person's reserve days for the week times Person's rate of pay for a day close bracket plus open bracket Person's pay-related allowance days for the week times Person's amount of pay-related allowances for a day close bracket end formula

Note:   The expressions used in this subsection are defined in subsection   (3).

  (2)   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 person if:

  (a)   the person were still a part - time Reservist; and

  (b)   the person were not incapacitated for service.

  (3)   In this section:

"amount of pay-related allowances" for an incapacitated person for a day means the total amount of compensable pay - related allowances that would have been paid to the person for the day as a part - time Reservist if:

  (a)   the person were still a part - time Reservist; and

  (b)   the person were not incapacitated for service.

Note:   The person's pay - related allowances might be adjusted under Part   5.

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

  (a)   that was being paid to the person immediately before the person last ceased to be a member of the Defence Force; or

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

"example period" has the meaning given by section   155.

"pay-related allowance days" for an incapacitated person for a week means the average number of days (if any) served each week during the example period for which the person was paid an amount of pay - related allowances.

"rate of pay" for an incapacitated person for a day means the amount of pay that the person would have been paid for the day as a part - time Reservist if:

  (a)   the person were still a part - time Reservist; and

  (b)   the person were not incapacitated for service.

Note:   The person's rate of pay might be adjusted under Part   5.

"reserve days" for an incapacitated person for a week means the average number of days (if any) served each week during the example period for which the person was paid as a part - time Reservist.


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