Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:16:p2
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 16 (pt 2/2)
Character Range: 35284–36629

the percentage of increase (if any) in the index that is prescribed by regulations in force for the purposes of subsection 8(9B) of the Safety, Rehabilitation and Compensation Act 1988 over the year ending on the 31 December preceding the 1 July; and
 (b) in accordance with any manner specified by regulations in force for the purposes of subsection 8(9D) of that Act.
 (6) If the amount of the covered person's normal weekly earnings before an injury, as calculated under the preceding subsections, would exceed:
 (a) if the covered person continues to be employed in the employment in which he or she was engaged in before the injury—the amount per week of the earnings that the covered person would receive if he or she were not incapacitated for work; or
 (b) if the covered person has ceased to be employed—whichever is the greater of the following amounts:
 (i) the amount per week of the earnings that the covered person would receive if he or she had continued to be employed in the employment in which he or she was engaged at the date of the injury;
 (ii) the amount per week of the earnings that the covered person would receive if he or she had continued to be employed in the employment in which he or she was engaged at the date on which the employment ceased;
the amount so calculated must be reduced by the amount of the excess.