South Australian Numbered Acts South Australian Numbered Acts(1) In this section—
"relevant date" means the relevant date, as it applies in relation to a worker, under section 5.
(2) For the purposes of this Division, the "age factor" is the percentage that applies in relation to an injured worker under Schedule 6 (subject to the operation of subsection (3)).
(3) For the purposes of Schedule 6, the relevant age of the worker is the worker's age at the relevant date.
(4) For the purposes of this Division, the "hours worked factor" is the number of hours per week being worked by the worker (whether full-time or part-time) at the relevant date, expressed as a percentage of full-time work.
(5) For the purposes of subsection (4) (but subject to subsections (6) and (7)), what constitutes full-time or part-time work must be consistent with the determinations made under section 5 in relation to the worker.
(6) If by reason of the worker's circumstances on the relevant date it is not possible to arrive at a fair determination under subsection (4), the Corporation may apply such factors as it thinks appropriate to arrive at a fair determination of the number of hours per week that will apply for the purposes of this Division.
(7) Furthermore, if in relation to a worker who was working part-time at the relevant date there is evidence that, at the relevant date, the worker had a legally enforceable right to return to full-time work, the hours worked factor applying in relation to the worker will be based on full-time work.
(8) For the purposes of this Division, the "prescribed sum" is the amount applying under Schedule 7 in relation to a worker's whole person impairment.
(9) In connection with the operation of subsection (8), the amount to be applied with respect to a particular injury is the amount applying under Schedule 7 at the relevant date.