Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 156

Working out the civilian component of normal earnings

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

Start formula Average number of days per week (if any) during the example period for which the person was paid civilian daily earnings times Person's civilian daily earnings end formula

  (2)   The following formula sets out how to work out the civilian daily earnings for an incapacitated person:

Start formula open bracket Person's civilian daily hours times Person's civilian rate of pay close bracket plus Person's allowances for the day end formula

Note 1:   The expressions used in this formula are defined in subsection   (4).

Note 2:   The person's civilian daily earnings might be adjusted under Part   5.

  (3)   If the incapacitated person was required to work overtime on a regular basis in his or her work, the civilian daily earnings also include the amount worked out using the following formula:

Start formula Person's civilian overtime hours times Person's civilian overtime rate of pay end formula

Note:   The expressions used in this formula are defined in subsection   (4).

  (4)   In this section:

"allowances" for an incapacitated person for a day means the average amount of allowances (other than expense allowances) paid to the person for a day for his or her civilian work during the example period.

"civilian daily hours" for an incapacitated person means the average number of hours worked each day by the person in his or her civilian work during the example period.

"civilian overtime hours" for an incapacitated person means the average number of hours of overtime worked each day by the person in his or her civilian work during the example period.

"civilian overtime rate of pay" for an incapacitated person means the person's average hourly overtime rate of pay for the person's overtime in his or her civilian work during the example period.

"civilian rate of pay" for an incapacitated person means the average hourly ordinary time rate of pay for the person's civilian work during the example period.

"example period" has the meaning given by section   157.


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