Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 91

Working out normal earnings

  (1)   The normal earnings for a week for a Permanent Forces member, or a continuous full - time Reservist, who is incapacitated for service means the amount worked out using the following formula:

Start formula Member's normal ADF pay for the week plus Member's normal pay-related allowances for the week end formula

  (2)   The member's normal ADF pay for a week means the amount of pay that the member would have earned for the week as a member of the Defence Force if the member were not incapacitated for service.

Note:   The member's normal ADF pay might be adjusted under Part   5.

  (3)   The member's normal pay - related allowances for a week means the total amount of compensable pay - related allowances that would have been paid to the member for the week if the member were not incapacitated for service.

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

  (4)   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 member if the member were not incapacitated for service.

  (5)   In this section:

"compensable pay-related allowance" for a member means a pay - related allowance:

  (a)   that was being paid to the member immediately before the onset date for the member's incapacity for service; or

  (b)   that would be paid to the member because the member is promoted, as mentioned in paragraph   186(2)(b); or

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


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