Document ID: chunk:federal_register_of_legislation:C2006C00126:clause:2_13
Version: federal_register_of_legislation:C2006C00126
Segment Type: clause
Provision Reference: sch 2 cl 13
Character Range: 22089–24135

13  Subsection 8(9)
Repeal the subsection, substitute:

 (9) The normal weekly earnings of an employee before the date of the employee's injury, as calculated under the preceding subsections, must, while the employee continues to be employed by the Commonwealth or a licensed corporation, be increased or reduced by the relevant percentage.

 (9A) For the purposes of subsection (9), relevant percentage means the same percentage as the percentage of increase or reduction in the minimum amount per week payable in respect of employees included in a class of employees of which the employee was a member at the date of the injury as a result of:
 (a) the operation of a law of the Commonwealth or of a State or Territory; or
 (b) the making, alteration or operation of an award, order, determination or industrial agreement or the doing of any other act or thing, under such a law.

 (9B) The normal weekly earnings of an employee before injury, as calculated under subsections (1) to (8) and as increased or reduced under subsection (9) must, if the employee has ceased, or ceases, to be employed by the Commonwealth or a licensed corporation, be further increased, with effect from each indexation date in relation to that cessation, by reference to the percentage of increase (if any) of an index that is prescribed for the purposes of this subsection over the year ending on the 31 December preceding each such indexation date.

 (9C) For the purpose of subsection (9B), the indexation date, in relation to a cessation of employment, is:
 (a) the 1 July next following:
 (i) the date on which this Act receives the Royal Assent; or
 (ii) the date of that cessation of employment;
  whichever last occurs; and
 (b) each subsequent 1 July.

 (9D) For the purpose of subsection (9B), the regulations may specify the manner of calculating the further increase referred to in that subsection by reference to the movement of the index that is prescribed for the purposes of that subsection.

Part 3—Amendments relating to amount of compensation