Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:29:p4
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 29 (pt 4/5)
Character Range: 67196–69939

in that employment if he or she were engaged in that employment;
 (d) if, after becoming incapacitated for work, the covered person received an offer of suitable employment on condition that the covered person completed a reasonable rehabilitation or vocational retraining program and the covered person failed to fulfil that condition—the amount that the covered person would be earning in that employment if he or she were engaged in that employment;
 (e) if, after becoming incapacitated for work, the covered person has failed to seek suitable employment—the amount per week that, having regard to the state of the labour‑market at the relevant time, the covered person could reasonably be expected to earn in such employment if he or she were engaged in such employment;
 (f) if paragraph (b), (c), (d) or (e) applies to the covered person—whether the covered person's failure to accept an offer of employment, to engage, or to continue to engage, in employment, to undertake, or to complete, a rehabilitation or vocational retraining program or to seek employment, as the case may be, was, in Comcare's opinion, reasonable in all the circumstances;
 (g) if an assessment of the covered person's capability of returning to work in suitable employment has been carried out under section 63—the results of the assessment;
 (h) any other matter that Comcare considers relevant.
 (11) If an amount of compensation calculated under subsection (8) exceeds 150% of the amount called the Average Weekly Ordinary Time Earnings of Full‑time Adults, as published from time to time by the Australian Statistician, the amount so calculated must be reduced by an amount equal to the excess.
 (12) If an amount of compensation calculated under subsection (8) for a week during which the covered person is not employed is less than the minimum earnings of the covered person, the amount so calculated must be increased by an amount equal to the difference between that amount and the minimum earnings.
 (13) For the purposes of subsection (12), the minimum earnings of a covered person are taken to be:
 (a) $454.44, or, if subsection (14) or (15) applies in relation to the covered person, the sum of $454.44 and the amount or amounts required to be added under whichever of those subsections applies; or
 (b) an amount equal to 90% of the covered person's normal weekly earnings;
whichever is less.
 (14) If there are prescribed persons wholly or mainly dependent on the covered person, there must be added to the amount of $454.44 specified in paragraph (13)(a) the amount of $112.53.
 (15) If there are prescribed children (whether born before, on or after the date of the injury) wholly or mainly dependent on the covered person, there must be added