Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:29:p1
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 29 (pt 1/5)
Character Range: 60046–62677

29  Compensation for injuries resulting in incapacity—covered former members
 (1) This section applies to a covered person who is:
 (a) a covered former member; and
 (b) incapacitated for work as a result of an injury;
other than a covered person to whom section 31, 32, 33 or 34 applies.
 (2) Subject to this Part, the Commonwealth is liable to pay to the covered person in respect of the injury, for each week:
 (a) that is a maximum rate compensation week; and
 (b) to which section 28 does not apply in relation to the person; and
 (c) during which the covered person is incapacitated;
an amount of compensation worked out using the formula:
where:
AE is the greater of the following amounts:
 (a) the amount per week (if any) that the covered person is able to earn in suitable employment;
 (b) the amount per week (if any) that the covered person earns from any employment (including self‑employment) that is undertaken by the covered person during that week.
NWE is the amount of the covered person's normal weekly earnings.
 (3) For the purposes of subsection (2), a week is a maximum rate compensation week, in relation to a covered person to whom this section applies, if:
 (a) it is a week during which the covered person's incapacity prevents the covered person working the covered person's normal weekly hours because the covered person is unable to work or unable to work at the level at which the covered person worked before the injury; and
 (b) the total of the following hours does not exceed 45 times the covered person's normal weekly hours:
 (i) the hours that the covered person has been prevented from working, or working at the level referred to in paragraph (a), during that incapacity, in that week and in all previous weeks, if any, to which that paragraph applies;
 (ii) if any previous week was a maximum rate compensation week for the purposes of subsection 28(2) in relation to the covered person and the incapacity—the number of hours worked out using the formula in subsection (4) of this section.
 (4) For subparagraph (3)(b)(ii), the formula is as follows:
where:
notional hourly rate means the total amount of relevant allowance or salary which the covered person was, immediately before the covered person ceased to be a covered current member, entitled to receive in respect of a week divided by 37.5.
section 28 compensation means the amount of compensation (if any) that the Commonwealth has paid, or is liable to pay, to the covered person under section 28 in respect of the injury.
 (5) If, before the end of a particular week, the total of the hours referred to in subparagraphs (3)(b)(i)