Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION (DEFENCE-RELATED CLAIMS) ACT 1988 - SECT 132

Former employees under 65 who are not in receipt of superannuation benefits and are unable to engage in any work

  (1)   This section applies to a former employee who:

  (a)   on the commencing day, was under 65 and not in receipt of a pension under a superannuation scheme; and

  (b)   is not capable of engaging in any work.

  (2)   Subject to this Division, if the former employee's 1971 amount was equal to or more than 95% of his or her normal weekly earnings as at the commencing day, the amount of compensation payable per week to the former employee under this Act is an amount equal to 95% of those normal weekly earnings.

  (3)   Subject to this Division, if the former employee's 1971 amount was equal to or more than 70%, but less than 95%, of his or her normal weekly earnings as at the commencing day, the amount of compensation payable per week to the former employee under this Act is an amount equal to the 1971 amount.

  (4)   Subject to this Division, if the former employee's 1971 amount was less than 70% of his or her normal weekly earnings as at the commencing day, the amount of compensation payable per week to the former employee under this Act is an amount equal to 70% of those normal weekly earnings.

  (5)   Where, as a result of an increase in the amount of a former employee's normal weekly earnings, the amount of compensation payable to the former employee under subsection   (2), (3) or (4) is less than 70% of those increased normal weekly earnings, that amount of compensation shall be increased, or further increased, as the case requires, until it is equal to 70% of those increased normal weekly earnings.



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