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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 96

Working out the ADF component for an incapacitated Reservist who is incapacitated for service

  (1)   The ADF component for a week for an incapacitated Reservist who is incapacitated for service is the amount worked out using the following formula:

Start formula open bracket Reservist's reserve days for the week times Reservist's rate of pay for a day close bracket plus open bracket Reservist's pay-related allowance days for the week times Reservist's amount of pay-related allowances for a day close bracket end formula

Note:   The expressions used in this formula are defined in subsection   (3).

  (2)   The Chief of the Defence Force must advise the Commission in writing of:

  (a)   the date on which each compensable pay - related allowance would normally have ceased to be paid to the Reservist; and

  (b)   the number of days (if any) in each week that the Reservist would have been paid as a Reservist; and

  (c)   the number of days (if any) in each week that the Reservist would have been paid an amount of pay - related allowances;

if the Reservist were not incapacitated for service.

  (3)   In this section:

"amount of pay-related allowances" for an incapacitated Reservist for a day means the total amount of compensable pay - related allowances that would have been paid to the Reservist as a part - time Reservist for the day if the Reservist were not incapacitated for service.

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

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

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

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

  (c)   that an incapacitated Reservist would have been paid after the Reservist completed his or her initial training, as mentioned in section   189.

"pay-related allowance days" for an incapacitated Reservist for a week means the number of days advised by the Chief of the Defence Force under paragraph   (2)(c).

"rate of pay" for an incapacitated Reservist for a day means the amount of pay that the Reservist would have earned for the day as a part - time Reservist if the Reservist were not incapacitated for service.

Note:   The Reservist's rate of pay might be adjusted under Part   5.

"reserve days" for an incapacitated Reservist for a week means the number of days advised by the Chief of the Defence Force under paragraph   (2)(b).



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