New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 8A

8A Operation of Division

(1) This Division provides for the adjustment of the relevant earning period under clause 2(2) of Schedule 3 to the 1987 Act for a worker in employment for the purposes of calculating the pre-injury average weekly earnings in relation to the worker.

(2) The relevant earning period in respect of the employment is to be adjusted in accordance with the provisions of this Division in the following order--

(a) Clause 8B (Adjustment for workers not continuously employed),

(b) Clause 8C (Adjustment for financially material change to earnings),

(c) Clause 8D (Alignment of relevant earning period with pay period),

(d) Clause 8E (Adjustment for unpaid leave),

(e) Clause 8EA (Adjustment for prescribed periods relating to COVID-19).

(3) Accordingly, a reference in a provision of this Division--

(a) to the relevant earning period is a reference to the relevant earning period as adjusted in accordance with any preceding provision applicable to the worker, or

(b) to the
"unadjusted earning period" is a reference to the relevant earning period as so adjusted, but without regard to any adjustment under the provision in which the expression is used.