Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of section 1 16 of the Act, this section applies to a declared member who:
(a) for a week referred to in this section , was incapacitated for either or both service or work as a result of a service injury or disease; and
(b) was a declared member when the service injury was sustained or the service disease was contracted; and
(c) was not engaged in paid civilian work at the time of the member's incapacity, and is not undertaking a period of career transition assistance.
(2) The member's normal earnings for a week is the amount worked out by:
(a) treating the member as if the member were an incapacitated Reservist mentioned in section 94 of the Act; and
(b) assuming, for the application of section 95 of the Act, that the member would have a civilian component of:
(i) if subsection ( 3) of this section applies--an amount determined by the Commission, having regard to the member's qualifications, skills and experience; or
(ii) otherwise--nil.
(3) For the purposes of subparagraph ( 2)(b) (i) , this subsection applies if:
(a) the member is aged 16 years or over; and
(b) the member is unable to continue full - time studies or enter the workforce as a result of the incapacity; and
(c) the member has undertaken a rehabilitation assessment; and
(d) the member:
(i) has undertaken a rehabilitation program; or
(ii) is undertaking a rehabilitation program; or
(iii) is not currently fit to undertake a rehabilitation program; or
(iv) is assessed as not requiring a rehabilitation program.
( 4 ) The member's actual earnings for a week is the amount worked out by:
(a) treating the member as an incapacitated Reservist mentioned in section 94 of the Act; and
(b) working out the amount that would be the member's actual civilian earnings if the member were an incapacitated Reservist.