Commonwealth Numbered Acts

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

MILITARY REHABILITATION AND COMPENSATION ACT 2004 No. 51, 2004 - SECT 114

Working out reserve pay

Reserve pay for persons who were part-time Reservists

(1)
The reserve pay for a week for an incapacitated Reservist who was a part-time Reservist before beginning his or her last period of continuous full-time service is worked out using the following formula:

Note: The expressions used in this formula are defined in subsection (4).

(2)
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 the Reservist were not incapacitated for service.

Reserve pay for persons who were not part-time Reservists

(3)
The reserve pay for a week for an incapacitated Reservist who was not a part-time Reservist before beginning his or her last period of continuous full-time service is nil.

Definitions

(4)
In this section:

"amount of pay-related allowances "for an incapacitated Reservist for a day means the total amount of compensable pay-related allowances that would have been paid to the Reservist for the day if the Reservist were not incapacitated for service.

Note: The Reservist's pay-related allowances might be adjusted under Part 5.

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

(a) that was being paid to the Reservist immediately before the Reservist began his or her last period of continuous full-time service; or
(b) that would be paid to the Reservist because the Reservist is promoted, as mentioned in paragraph 186(2)(b).

"example period "for an incapacitated Reservist means:

(a) the latest period of one year:
(i) during which the Reservist was a part-time Reservist; and
(ii) ending before the Reservist began his or her last period of continuous full-time service; or
(b) such other period that the Commission determines is reasonable.

"pay-related allowance days" for an incapacitated Reservist for a week means the average number of days (if any) served each week during the example period for which the Reservist was paid a pay-related allowance.

"rate of pay" for an incapacitated Reservist for a day means the amount of pay that the Reservist would have been paid for the day as a part-time Reservist if the Reservist were not incapacitated for service.

Note: The Reservist's rate of pay might be adjusted under Part 5.

"reserve days" for an incapacitated Reservist for a week means the average number of days (if any) served each week during the example period for which the Reservist was paid as a part-time Reservist.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback