Commonwealth Numbered Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 No. 51, 2004 - SECT 109

Working out full-time ADF earnings
(1)
The full-time ADF earnings for a week for an incapacitated Reservist means the amount worked out using the following formula:

Note: The amount of $100 is indexed under section 183.

(2)
The Reservist's full-time ADF pay for a week means the amount of pay that the Reservist would have earned for the week as a continuous full-time Reservist if:

(a) the Reservist were still a continuous full-time Reservist; and
(b) the Reservist were not incapacitated for service.

Note: The Reservist's full-time ADF pay might be adjusted under Part 5.

(3)
The Reservist's allowance component for a week means the total amount of compensable pay-related allowances that would have been paid to the Reservist for the week if:

(a) the Reservist were still a continuous full-time Reservist; and
(b) the Reservist were not incapacitated for service.

Note: The Reservist's allowance component might be adjusted under Part 5.

(4)
The Reservist's service chief must advise the Commission in writing of the date on which each compensable pay-related allowance would normally have ceased to be paid to the Reservist if:

(a) the Reservist were still a continuous full-time Reservist; and
(b) the Reservist were not incapacitated for service.

(5)
In this section:

"compensable pay-related allowance" for an incapacitated Reservist means a pay-related allowance:

(a) that was being paid to the Reservist immediately before completing his or her last period of full-time service; or
(b) that the Reservist would have been paid after completing his or her initial training, as mentioned in section 189.



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