Document ID: chunk:federal_register_of_legislation:C2025C00186:section:19:p3
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 19 (pt 3/5)
Character Range: 89317–91966

as in subsection (2).
NWE is the amount of the employee's normal weekly earnings.
 (3AA) This subsection applies to an employee in relation to a week beginning on or after the commencement of this subsection and before 1 July 2023 if:
 (a) because of subsection 5(5), subsection (3) of this section has effect in relation to the employee on one or more days in that week as a person who is a former member of the Defence Force; and
 (b) the MRCC is satisfied that, on one or more days in that week, the person is undertaking a rehabilitation program provided under this Act; and
 (c) the MRCC is satisfied that, on one or more days in that week and as part of that program, the person is undertaking full‑time study.
 (3AB) For the purposes of paragraph (3AA)(c), a person is undertaking full‑time study in the circumstances determined in an instrument under subsection (3AC).
 (3AC) The MRCC may, by legislative instrument, determine circumstances for the purposes of subsection (3AB).
 (3AD) Without limiting subsection (3AC), the instrument may provide that a person is undertaking full‑time study in a period (such as, for example, a period of vacation) that does not fall within a study period.
 (3A) If, as a result of the incapacity:
 (a) the amount per week payable to the employee in respect of his or her continued employment is reduced; and
 (b) a pension under a superannuation scheme is payable to the employee;
subsection (3) applies in relation to the employee in relation to a week during which the employee is incapacitated as if the references in the subsection to the amount he or she was able to earn during the week in suitable employment were instead references to the sum of that amount and any amount of the pension referred to in paragraph (b) that is payable to the employee in respect of that week.
 (4) In determining, for the purposes of subsections (2) and (3), the amount per week that an employee is able to earn in suitable employment, the MRCC must have regard to:
 (a) where the employee is in employment (including self‑employment)—the amount per week that the employee is earning in that employment;
 (b) where, after becoming incapacitated for work, the employee received an offer of suitable employment and failed to accept that offer—the amount per week that the employee would be earning in that employment if he or she were engaged in that employment;
 (c) where, after becoming incapacitated for work, the employee received an offer of suitable employment and, having accepted that offer, failed to engage, or to continue to engage, in that employment—the amount per week that the employee would be earning