New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 8EA

8EA Adjustment for prescribed periods relating to COVID-19--Schedule 3, clause 2(3)(a) of 1987 Act

(1) The relevant earning period for a worker in employment is to be adjusted in accordance with this clause if, during the unadjusted earning period, there was a change to the worker's employment arrangements as a direct result of the impact of the COVID-19 pandemic on the operations or general financial position of an employer of the worker.

(2) If the change to the worker's employment arrangements resulted in a financially material reduction to the total earnings of the worker during the first prescribed period, the relevant earning period is to be adjusted by excluding the first prescribed period.

(3) The relevant earning period for a worker to whom subclause (2) applies is to be further adjusted in accordance with subclause (4) if the change to the worker's employment arrangements resulted in no earnings in employment being paid or payable to the worker for a period of 2 or more days commencing on the first day of the second prescribed period.

(4) For subclause (3), the relevant earning period is to be further adjusted by excluding each day, whether or not the day was a usual work day for the worker, of the period commencing on the first day of the second prescribed period and ending on the earlier of--

(a) the day immediately before the day on which earnings in any employment once again became payable to the worker, and

(b) the last day of the second prescribed period.

(5) In this clause--

"first prescribed period" means the period on and from 23 March 2020 to 14 June 2020.

"second prescribed period" means the period on and from 15 June 2020 to 27 September 2020.