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 cadet; 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 cadet 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, before last ceasing to be a member of the Defence Force, was a person engaged in civilian work that was not casual work.
(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 an ADF component of:
(i) if the person was a remunerated cadet--the total worked out under subsection ( 3) of this section; or
(ii) in any other case--nil; and
(c) working out the amount that would be the person's normal earnings if the person were an incapacitated person.
(3) For the purposes of subparagraph ( 2)(b)(i), work out the total of:
(a) an amount determined by the Commission having regard to the person's rate of pay as a cadet immediately before the date of discharge; and
(b) if the person was a member of the Permanent Forces or the Reserves--any ADF pay earned by the person up to and in cluding the date of discharge.
( 4 ) The person's normal weekly hours are the number of hours that would be the person's normal weekly hours worked out under section 1 58 of the Act as if the person were an incapacitated person.
(5 ) 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.