Victorian Current Acts

ACCIDENT COMPENSATION ACT 1985 - SECT 5AD

In relation to pre-injury average weekly earnings—

"earnings enhancement", in relation to a worker who—

        (a)     during the relevant period, worked paid overtime or carried out work that attracted a shift allowance; and

        (b)     but for the worker's injury or death, would have been likely, at any time during the enhancement period, to have worked paid overtime or carried out work that attracted a shift allowance—

means the amount calculated in accordance with the formula—

where—

    A     is the total amount paid or payable to the worker for paid overtime and shift allowances in respect of the relevant period;

    B     is the number of weeks during the relevant period during which the worker worked or was on paid annual leave;

"enhancement period" means—

        (a)     in relation to compensation in the form of weekly payments to the worker under section 93A or 93B—the first 52 weeks in respect of which such compensation is paid or payable to the worker;

        (b)     in relation to compensation in the form of weekly payments of pension under section 92B—the first 52 weeks after the death of the worker.

S. 5AE inserted by No. 80/2010 s. 21.