Commonwealth Consolidated Acts Commonwealth Consolidated ActsAn employer who determines, for the purposes of section 31, the amount per week that an employee is able to earn in suitable employment must have regard to the following:
(a) if the employee is in employment--the amount per week that the employee is earning in that employment;
(b) if, after becoming incapacitated for work, the employee received an offer of suitable employment and did not accept that offer--the amount per week that the employee would be earning in that employment if he or she were engaged in that employment;
(c) if, after becoming incapacitated for work, the employee received an offer of suitable employment and, having accepted that offer, did not engage, or continue to engage, in that employment--the amount per week that the employee would be earning in that employment if he or she were engaged in that employment;
(d) if, after becoming incapacitated for work, the employee received an offer of suitable employment on condition that the employee completed a reasonable rehabilitation or vocational retraining program and the employee did not fulfil that condition--the amount per week that the employee would be earning in that employment if he or she were engaged in that employment;
(e) if, after becoming incapacitated for work, the employee has not sought suitable employment--the amount per week that, having regard to the state of the labour - market at the relevant time, the employee could reasonably be expected to earn in such employment if he or she were engaged in such employment;
(f) if paragraph (b), (c), (d) or (e) applies to the employee--whether the employee's failure to accept an offer of employment, to engage, or to continue to engage, in employment, to undertake, or to complete, a rehabilitation or vocational retraining program or to seek employment, as the case may be, was, in the opinion of the employer, reasonable in all the circumstances;
(g) any other matter that the employer considers relevant.