Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 32

32. An employer who determines, for the purposes of section 31, the amount per
week that an employee is able to earn in suitable employment must have regard
to the following:

   (a)  if the employee is in employment-the amount per week that the employee
        is earning in that employment;

   (b)  if, after becoming incapacitated for work, the employee received an
        offer of suitable employment and did not accept that offer-the amount
        per week that the employee would be earning in that employment if he
        or she were engaged in that employment;

   (c)  if, after becoming incapacitated for work, the employee received an
        offer of suitable employment and, having accepted that offer, did not
        engage, or continue to engage, in that employment-the amount per week
        that the employee would be earning in that employment if he or she
        were engaged in that employment;

   (d)  if, after becoming incapacitated for work, the employee received an
        offer of suitable employment on condition that the employee completed
        a reasonable rehabilitation or vocational retraining program and the
        employee did not fulfil that condition-the amount that the employee
        would be earning in that employment if he or she were engaged in that
        employment;

   (e)  if, after becoming incapacitated for work, the employee has not sought
        suitable employment-the amount per week that, having regard to the
        state of the labour-market at the relevant time, the employee could
        reasonably be expected to earn in such employment if he or she were
        engaged in such employment;

   (f)  if paragraph (b), (c), (d) or (e) applies to the employee-whether the
        employee's failure to accept an offer of employment, to engage, or to
        continue to engage, in employment, to undertake, or to complete, a
        rehabilitation or vocational retraining program or to seek employment,
        as the case may be, was, in the opinion of the employer, reasonable in
        all the circumstances;

   (g)  any other matter that the employer considers relevant.