Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of section 1 75 of the Act, this section applies to a person:
(a) who was a declared member; and
(b) who, 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
(c) who was a declared member when the service injury was sustained or the service disease was contracted; and
(d) in respect of whom the Commonwealth is liable to pay compensation under section 1 18 of the Act; and
(e) who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and
(f) who did not have paid civilian work before last ceasing to be a member of the Defence Force.
(2) The person's normal earnings for a week is the amount worked out by:
(a) treating the person as if the person were an incapacitated person mentioned in section 1 52 of the Act; and
(b) assuming, for the application of section 1 53 of the Act, that the person would have a civilian component of:
(i) if subsection ( 3) of this section applies--an amount determined by the Commission, having regard to the person's qualifications, skills and experience, and assuming that the person's normal weekly hours are 37.5 hours; or
(ii) otherwise--nil; and
(c) assuming, for the application of section 1 53 of the Act, that the person would have an ADF component of nil; and
(d) working out the amount that would be the person's normal earnings if the person were an incapacitated person; and
(e) treating the person's normal weekly hours as being 37.5 hours.
(3) For the purposes of subparagraph ( 2)(b) (i) , this subsection applies if:
(a) the person is aged 16 years or over; and
(b) the person is unable to continue full - time studies or enter the workforce as a result of the incapacity; and
(c) the person has undertaken a rehabilitation assessment; and
(d) the person:
(i) has undertaken a rehabilitation program;
(ii) is undertaking a rehabilitation program;
(iii) is not currently fit to undertake a rehabilitation program;
(iv) is assessed as not requiring a rehabilitation program.
(4 ) The actual earnings for a week for a person to whom this section applies is the amount worked out by treating the person as if the person were a person mentioned in section 1 29 of the Act:
(a) to whom subsection 1 25 (1) of the Act applies; and
(b) if, for the purposes of subsection 1 30 (1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection--to whom section 1 30 applies; and
(c) whose actual earnings are worked out in accordance with section 1 32 of the Act.