ACCIDENT COMPENSATION ACT 1985 - SECT 5AA Definitions applying to pre-injury average weekly earnings—relevant period

ACCIDENT COMPENSATION ACT 1985 - SECT 5AA

    (1)     Subject to this section, a reference to the relevant period in relation to pre-injury average weekly earnings of a worker is a reference to—

        (a)     in the case of a worker who has been continuously employed by the same employer for the period of 52 weeks immediately before the injury, that period of 52 weeks;

        (b)     in the case of a worker who has been continuously employed by the same employer for less than 52 weeks immediately before the injury, the period of continuous employment by that employer.

S. 5AA(2) amended by No. 35/2020 s. 54(1).

    (2)     Subject to subsection (4), the relevant period, in relation to pre-injury average weekly earnings of a worker who, during the 52 weeks immediately before the injury, voluntarily (otherwise than by reason of an incapacity for work resulting from, or materially contributed to by, an injury which entitles the worker to compensation under this Act)—

        (a)     alters the ordinary hours of work; or

        (b)     alters the nature of the work performed by the worker—

and, as a result, the worker's ordinary earnings are reduced, does not include the period before the reduction takes effect.

    (3)     If, during the period of 52 weeks immediately before the injury, a worker—

        (a)     is promoted; or

        (b)     is appointed to a different position—

(otherwise than on a temporary basis) and, as a result, the worker's ordinary earnings are increased, the relevant period in relation to the worker begins on the day on which the promotion or appointment takes effect.

S. 5AA(4) inserted by No. 35/2020 s. 54(2).

    (4)     If the relevant period, in relation to the pre‑injury average weekly earnings of a worker during the 52 weeks immediately before the worker's injury would otherwise include a period of time during the prescribed period and the worker's earnings during the period occurring in the prescribed period are reduced for a COVID-19 reason, the relevant period in relation to the worker does not include the period occurring in the prescribed period.

S. 5AA(5) inserted by No. 35/2020 s. 54(2).

    (5)     In this section—

COVID-19 reason means, in relation to the reduction of earnings of a worker, that the reduction is a consequence of one or more of the following occurring during the prescribed period because of the COVID-19 pandemic—

        (a)     the ordinary hours of work of the worker are reduced;

        (b)     the nature of the work performed by the worker is altered;

        (c)     the earnings of the worker are reduced;

"prescribed period" means the period starting on 1 March 2020 and ending on 31 December 2020.

S. 5AB inserted by No. 80/2010 s. 21.