Victorian Current Acts Victorian Current Acts(1) In this Act, pre-injury average weekly earnings , in respect of a relevant period in relation to a worker, means, subject to this section, the sum of—
S. 5A(1)(a) substituted by No. 67/2013 s. 626(2) (as amended by No. 44/2014 s. 24(26)).
(a) the average of the worker's ordinary earnings during the relevant period (excluding from that period any week during which the worker did not actually work and—
S. 5A(1)(a)(i) amended by No. 44/2014 s. 26.
(i) was not on paid leave; or
(ii) was on paid leave at a rate less than the base rate of pay)—
expressed as a weekly sum; and
(b) the worker's earnings enhancement (if any) in the relevant enhancement period.
(2) If a worker has been continuously employed by the same employer for less than 4 weeks before the injury, pre-injury average weekly earnings , in relation to that worker, may be calculated having regard to—
(a) the average of the worker's ordinary earnings that the worker could reasonably have been expected to have earned in that employment, but for the injury, during the period of 52 weeks after the injury expressed as a weekly sum; and
(b) the worker's earnings enhancement (if any) in the relevant enhancement period.
(3) If a worker—
(a) was not a full time worker immediately before the injury; and
(b) at the time of the injury was seeking full time employment; and
(c) had been predominantly a full time worker during the period of 78 weeks immediately before the injury—
"pre-injury average" weekly earnings , in relation to that worker, means the sum of—
S. 5A(3)(d) substituted by No. 67/2013 s. 626(3) (as amended by No. 44/2014 s. 24(26)).
(d) the average of the worker's ordinary earnings while employed during the period of 78 weeks immediately before the injury (excluding from that period any week during which the worker did not actually work and—
(i) was on unpaid leave; or
(ii) was on paid leave at a rate less than the base rate of pay)—
whether or not the employer is the same employer as at the time of the injury, expressed as a weekly sum; and
(e) the worker's earnings enhancement (if any) in the relevant enhancement period.
(4) If a worker is a person engaged by an employer to participate as a contestant in a sporting or athletic activity within the meaning of section 16(1) and the injury is not received while the person is—
(a) participating, or training for or preparing to participate, as a contestant in a sporting or athletic activity; or
(b) travelling between a place of residence and a place where the activity, training or preparation is held—
any remuneration paid or payable in respect of such participation, training, preparation or travel is not to be taken into account in calculating the worker's pre-injury average weekly earnings.
(5) In relation to a worker of a class referred to in column 2 of an item in Schedule 1A, pre‑injury average weekly earnings means the amount determined in accordance with column 3 of that item, expressed as a weekly sum.
(6) In relation to a worker to whom section 7 or 7A applies, the worker's pre-injury average weekly earnings must be calculated with reference to the amounts payable to the worker and deemed to be remuneration under that section, expressed as a weekly sum.
(7) In relation to a worker to whom section 6 or 8 applies, the worker's pre-injury average weekly earnings must be calculated with reference to the amounts payable to the contractor and deemed to be remuneration under that section, expressed as a weekly sum.
S. 5AA inserted by No. 80/2010 s. 21.