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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 181

Matters to be considered in determining actual earnings

             (1)  This section sets out those matters that the Commission must have regard to in determining the weekly amount that a person is able to earn in suitable work for the purposes of:

                     (a)  paragraphs 101(4)(a), 105(4)(a) and 115(4)(a) (definition of actual civilian earnings ); and

                     (b)  paragraph (a) of the definition of actual earnings in subsection 132(1).

In addition, the Commission may have regard to any other matter it considers relevant.

             (2)  If the person is working in suitable work, the Commission must have regard to the weekly amount that the person is earning in that work.

             (3)  If any of the following applies after the person becomes incapacitated for work, the Commission must have regard to the matters set out in subsection (4):

                     (a)  the person fails to accept an offer of suitable work that is made to the person;

                     (b)  an offer of suitable work is made to the person and accepted but the person fails to begin, or fails to continue, the work;

                     (c)  an offer of suitable work is made to the person on the condition that the person complete a reasonable rehabilitation or vocational retraining program but the person fails to do so.

             (4)  If subsection (3) applies, the Commission must have regard to:

                     (a)  the weekly amount that the person would be earning in that work if the person had not failed as described in subsection (3); and

                     (b)  whether that failure was reasonable in all the circumstances.

             (5)  If the person has failed to seek suitable work after becoming incapacitated for work, the Commission must have regard to:

                     (a)  the weekly amount that the person could reasonably be expected to earn in suitable work, having regard to the state of the labour market at the relevant time; and

                     (b)  whether that failure was reasonable in all the circumstances.



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