Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 89

Amount of compensation for current members

  (1)   The amount of compensation that the Commonwealth is liable, under section   85, 86, or 87, to pay to a member for a week is worked out using the following formula:

Start formula Member's normal earnings for the week minus Member's actual earnings for the week end formula

Note:   See subsection   (4) for an exception.

  (2)   However, if an amount of compensation worked out using the formula is nil or a negative amount, then the Commonwealth is not liable to pay the compensation for the week.

  (3)   Use this table to work out a member's actual earnings and normal earnings :

 

Definitions of actual earnings and normal earnings

Item

For this type of member

actual earnings has the meaning given by...

normal earnings has the meaning given by...

1

A Permanent Forces member

section   92

subsection   91(1)

2

A continuous full - time Reservist

section   92

subsection   91(1)

3

A part - time Reservist to whom Division   3 applies

section   101

subsection   95(1)

4

A part - time Reservist to whom Division   4 applies

section   105

subsection   104(1)

5

A part - time Reservist to whom Division   5 applies

section   115

subsection   108(1)

6

A cadet or a declared member

the regulations (see Division   6)

the regulations (see Division   6)

Note 1:   If a member's normal earnings are less than the relevant minimum wage set by a national minimum wage order, then the member's normal earnings are instead the relevant minimum wage (see section   179).

Note 2:   Certain amounts (such as bonuses) are excluded from the calculation of normal and actual earnings under section   180.

  (4)   Subsection   (1) does not apply if section   89A applies.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback