Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 171

Pre - CFTS pay for those engaged in work before beginning last period of full - time service

  (1)   The following formula sets out how to work out the pre - CFTS pay for a week for an incapacitated person who was engaged in work before beginning his or her last period of continuous full - time service:

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

Note 2:   The person's pre - CFTS pay might be adjusted under Part   5.

  (2)   If the incapacitated person was required to work overtime on a regular basis in that work, the pre - CFTS pay for the week also includes the amount worked out using the following formula:

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

Pre - CFTS pay for those not working

  (3)   The pre - CFTS pay for a week for an incapacitated person who was not engaged in work before beginning his or her last period of continuous full - time service is nil.

Definitions

  (4)   In this section:

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

"example period" has the meaning given by section   172.

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

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

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

"pre-CFTS weekly hours" for an incapacitated person means the average number of hours worked in each week by the person in his or her work during the example period.

"work" includes work as a member of the Defence Force (other than as a part - time Reservist).

Note:   A person might have been a Permanent Forces member before beginning his or her last period of continuous full - time service. This work is taken into account in the pre - CFTS pay. However, work as a part - time Reservist is taken into account in the reserve pay.