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MILITARY REHABILITATION AND COMPENSATION REGULATIONS 2004 2004 No. 156 - REG 5

Normal and actual earnings — cadet engaged in paid civilian work at time of incapacity (Act s 116)
(1)
For section 116 of the Act, this regulation applies to a cadet who:

(a)
for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and

(b)
was a cadet when the service injury was sustained or the service disease was contracted; and

(c)
was engaged in paid civilian work that was not casual work at the time of his or her incapacity; and

(d)
is not a person who is unable to continue full-time studies or enter the workforce as a result of the incapacity.

(2)
The cadet's normal earnings for a week is the amount worked out by:

(a)
treating the cadet as if he or she 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 cadet would have an ADF component of:

(i)
if the person is a remunerated cadet — the total of:

(A) an amount determined by the Commission having regard to the cadet's rate of pay; and
(B) if the cadet is also a member of the Permanent Forces or the Reserves — any normal ADF pay earned by the cadet; or

(ii)
in any other case — nil; and
(c)
working out the amount that would be the cadet's normal earnings if the cadet were an incapacitated Reservist.

(3)
The cadet's actual earnings for a week is the amount worked out by:

(a)
treating the cadet as an incapacitated Reservist mentioned in section 94 of the Act; and

(b)
working out, for the application of section 101 of the Act, the cadet's actual ADF pay; and

(c)
working out the amount that would be the cadet's actual earnings if the cadet were an incapacitated Reservist.



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