Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 No. 75 of 1988 - SECT 9

9. (1) For the purposes of calculating the normal weekly earnings of an
employee before an injury, a reference in section 8 to the relevant period is,
subject to this section, a reference to the latest period of 2 weeks before
the date of the injury during which the employee was continuously employed by
the Commonwealth.

(2) Subject to subsection (3), if, during the period referred to in subsection
(1), the minimum amount per week payable to an employee in respect of his or
her employment by the Commonwealth was varied as a result of:

   (a)  the operation of a law of the Commonwealth or of a State or Territory;
        or (b) the making, alteration or operation of an award, order,
        determination or industrial agreement, or the doing of any other act
        or thing, under such a law; any part of that period that occurred
        before the variation, or last variation, took place shall be
        disregarded for the purposes of calculating the relevant period.

(3) Where in any case the application of subsection (2) would require that a
period be disregarded for the purposes of calculating the relevant period in
relation to an employee, and as a result of disregarding that period:

   (a)  it would be impracticable to calculate under section 8 the normal
        weekly earnings of the employee before an injury; or

   (b)  the normal weekly earnings as so calculated would not fairly represent
        the weekly rate at which the employee was being paid in respect of his
        or her employment by the Commonwealth before the injury; subsection
        (2) shall not apply in that case, but the normal weekly earnings of
        the employee during that period shall be taken to be the amount that
        would have been his or her normal weekly earnings during that period
        if the variation had taken effect at the beginning of that period.

(4) If, during any part of the period calculated under the preceding
subsections, the employee's earnings were reduced, or the employee did not
receive any earnings, because of absence from his or her employment for any
reason, that part of that period shall be disregarded for the purposes of
calculating the relevant period.