Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 149

Reserve pay for persons who were part-time Reservists

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

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

             (2)  The person'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 person if:

                     (a)  the person were still a part-time Reservist; and

                     (b)  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 a person who was not a part-time Reservist immediately 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 a person for a day means the total amount of compensable pay-related allowances that would have been paid to the person for the day if:

                     (a)  the person were still a part-time Reservist; and

                     (b)  the person were not incapacitated for service.

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

"compensable pay-related allowance" for a person means a pay-related allowance:

                     (a)  that was being paid to the person immediately before the person began his or her last period of continuous full-time service; or

                     (b)  that would be paid to the person because the person is promoted, as mentioned in section 186.

"example period" for a person who was a part-time Reservist immediately before beginning his or her last period of continuous full-time service is:

                     (a)  the latest period of one year:

                              (i)  during which the person was a part-time Reservist; and

                             (ii)  ending before the person began that continuous full-time service; or

                     (b)  such other period that the Commission determines is reasonable.

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

"rate of pay" for a person for a day means the amount of pay that the person would have been paid for the day as a part-time Reservist if:

                     (a)  the person were still a part-time Reservist; and

                     (b)  the person were not incapacitated for service.

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

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