(1)  The weekly payment determined under section 69 is to be payable as follows:

(a) 100% of the weekly payment for the first 26 weeks of the period of incapacity following the date of the initial incapacity;

(b) 90% (or, if subsection (2) applies to the worker, 95%) of the weekly payment for the period of incapacity exceeding 26 weeks but not exceeding 78 weeks from the date of the initial incapacity;

(c) 80% (or, if subsection (2) applies to the worker, 85%) of the weekly payment for the period of incapacity exceeding 78 weeks but not exceeding –

(i) 9 years from the date of the initial incapacity, if the worker's permanent impairment (if any), at a percentage of the whole person, is less than 15% or is not assessed; or

(ii) 12 years from the date of the initial incapacity, if the worker's permanent impairment, assessed at a percentage of the whole person, is 15% or more but less than 20%; or

(iii) 20 years from the date of the initial incapacity, if the worker's permanent impairment, assessed at a percentage of the whole person, is 20% or more but less than 30%; or

(iv) the period extending from the date of the initial incapacity to the day on which the entitlement of the worker ceases in accordance with section 87 , if the worker's permanent impairment, assessed at a percentage of the whole person, is 30% or more.

(2)  For the purposes of paragraphs (b) and (c) of subsection (1) , this subsection applies to a worker in respect of each week or part of a week, within the period referred to in those paragraphs, in respect of which –

(a) there is medical evidence that the worker is unable to perform the worker's usual duties with the employer; and

(b) there is medical evidence that the worker is able to return to perform suitable alternative duties with the employer; and

(c) the employer does not enable the worker to undertake suitable alternative duties as part of the worker's employment by the employer.

(2A)  Despite subsection (1) , a weekly payment is not reduced by a percentage specified in subsection (1)(b) or (c) in respect of any week in which the worker engages in work, for 50% or more of the worker's normal weekly hours, under the worker's approved return-to-work plan, or approved injury management plan, within the meaning of Part XI .

(2B)  For the purposes of subsection (2A) , if the worker was employed by the employer for more than 14 days before the date of the worker's initial incapacity, the worker's normal weekly hours are the average number of hours per week for which the worker was employed by the employer.

(2C)  For the purposes of subsection (2A) , if the worker was employed by the employer for 14 days or less before the date of the initial incapacity, the normal weekly hours of the worker are taken to be the hours per week –

(a) for which the worker agreed to work in the pay period in which the worker's incapacity arose; or

(b) for which the worker was rostered to perform work in the pay period in which the worker's incapacity arose –

whichever is the higher.

(2D)  In computing the normal weekly hours of the worker for the purposes of subsections (2B) and (2C) , any overtime or excess hours are to be disregarded unless –

(a) the overtime or excess hours were a requirement of the worker's contract of employment; and

(b) the worker worked overtime or excess hours in accordance with a regular and established pattern and in accordance with a roster; and

(c) the pattern was substantially uniform as to the number of overtime or excess hours worked; and

(d) the worker would have continued to work overtime or excess hours in accordance with the established pattern if the worker had not been incapacitated.

(2DA)  Despite subsection (1) , a weekly payment in respect of a worker who is a police officer is not reduced by a percentage specified in subsection (1)(b) or (c) if, had the person not been a police officer, it is unlikely that the person would have been in the circumstances as a result of which the injury was suffered.

(2E)  Subject to section 87 , a worker –

(a) to whom subsection (1)(c)(i) applies ceases to be entitled to weekly payments under section 69 on the expiration of 9 years after the date of the initial incapacity; and

(b) to whom subsection (1)(c)(ii) applies ceases to be entitled to weekly payments under section 69 on the expiration of 12 years after the date of the initial incapacity; and

(c) to whom subsection (1)(c)(iii) applies ceases to be entitled to weekly payments under section 69 on the expiration of 20 years after the date of the initial incapacity; and

(d) to whom subsection (1)(c)(iv) applies ceases to be entitled to weekly payments under section 69 on the expiration of the day on which the entitlement of the worker ceases in accordance with section 87 .

(3)  An amount payable under subsection (1)(b) or (c) , when taken together with a worker's earnings, is not to be less than 70% of the basic salary or the weekly payment determined under section 69 , whichever is the lesser.

(4)  For the purposes of subsection (3) , the entitlement of a worker who, at the time of injury was working on a part-time or casual basis, is to be calculated as if the basic salary were an amount which bears the same proportion to the actual basic salary as the number of hours during which the worker was engaged immediately before the period of incapacity bore to full-time employment.

(5)  The amendments to subsections (1) and (2) effected by the Workers Rehabilitation and Compensation Amendment Act 2004 apply to all claims for compensation relating to periods of incapacity after the commencement of that Act with respect to injuries occurring on or after 1 July 2001.

(6)  In this section –

period of incapacity means –

(a) a period of incapacity for work, whether partial incapacity, total incapacity or a combination of partial incapacity and total incapacity, starting on the date of the initial incapacity; and

(b) in the case of separate periods of incapacity for work resulting from the same injury, the aggregate of those periods.