Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 89

  (1)   The amount of compensation that the Commonwealth is liable, under section   85, 86, or 87, to pay to a member for a week is worked out using the following formula:

Note:   See subsection   (4) for an exception.

  (2)   However, if an amount of compensation worked out using the formula is nil or a negative amount, then the Commonwealth is not liable to pay the compensation for the week.

  (3)   Use this table to work out a member's actual earnings and normal earnings :

 

Definitions of actual earnings and normal earnings
Item	For this type of member	actual earnings has the meaning given by...	normal earnings has the meaning given by...
1	A Permanent Forces member	section   92	subsection   91(1)
2	A continuous full - time Reservist	section   92	subsection   91(1)
3	A part - time Reservist to whom Division   3 applies	section   101	subsection   95(1)
4	A part - time Reservist to whom Division   4 applies	section   105	subsection   104(1)
5	A part - time Reservist to whom Division   5 applies	section   115	subsection   108(1)
6	A cadet or a declared member	the regulations (see Division   6)	the regulations (see Division   6)

Note 1:   If a member's normal earnings are less than the relevant minimum wage set by a national minimum wage order, then the member's normal earnings are instead the relevant minimum wage (see section   179).

Note 2:   Certain amounts (such as bonuses) are excluded from the calculation of normal and actual earnings under section   180.

  (4)   Subsection   (1) does not apply if section   89A applies.