Document ID: chunk:federal_register_of_legislation:C2025C00175:section:19:p2
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 19 (pt 2/5)
Character Range: 100967–103543

earnings.
NWH means the number of normal weekly hours worked by the employee before his or her injury.
X is the total of the hours in that particular week:
 (a) that would have counted towards the employee's normal weekly hours (whether those hours are worked or not); and
 (b) that elapse before the total number of hours worked out in accordance with paragraph (2A)(b) exceeds 45 times the employee's normal weekly hours.
 (2D) For the purposes of paragraph (2B)(b), the compensation payable in respect of the part of the week to which that paragraph refers is worked out using the formula:

where:
NWH means the number of normal weekly hours worked by the employee before his or her incapacity.
reduced rate compensation entitlement is the rate of compensation that would have been applicable for the whole week had subsection (3) applied throughout the whole week.
X is the total of the hours in that particular week:
 (a) that would have counted towards the employee's normal weekly hours (whether those hours are worked or not); and
 (b) that elapse before the total number of hours worked out in accordance with paragraph (2A)(b) exceeds 45 times the employee's normal weekly hours.
 (3) Subject to this Part, Comcare is liable to pay compensation to the employee, in respect of the injury, for each week during which the employee is incapacitated, other than a week referred to in subsection (2), of an amount calculated using the formula:

where:
adjustment percentage is a percentage equal to:
 (a) if the employee is not employed during that week—75%; or
 (b) if the employee is employed for 25% or less of his or her normal weekly hours during that week—80%; or
 (c) if the employee is employed for more than 25% but not more than 50% of his or her normal weekly hours during that week—85%; or
 (d) if the employee is employed for more than 50% but not more than 75% of his or her normal weekly hours during that week—90%; or
 (e) if the employee is employed for more than 75% but less than 100% of his or her normal weekly hours during that week—95%; or
 (f) if the employee is employed for 100% of his or her normal weekly hours during that week—100%.
AE applies in relation to the whole of that particular week and has the same meaning as in subsection (2).
NWE is the amount of the employee's normal weekly earnings.
 (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)