New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 8F

8F Pre-injury average weekly earnings for short-term workers--Schedule 3, clause 4(2) of 1987 Act

(1) In determining the earnings that a worker could reasonably have been expected to have earned in employment for the purposes of clause 4(1) of Schedule 3 to the 1987 Act, the following matters are to be taken into account--

(a) any contract of employment made before the date of the injury,

(b) any award or agreement relating to the employment,

(c) any hours worked or earnings received by the worker during the period of 52 weeks before the injury.

(2) If the consideration of those matters does not reasonably assist in determining the earnings that the worker could reasonably have been expected to have earned in the employment, the earnings are to be determined by having regard to the average weekly amount earned during the period of 52 weeks before the injury by other persons for the performance of similar work as the worker (whether or not with the worker's employer).