Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 109

             (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.