Document ID: chunk:federal_register_of_legislation:C2025C00116:section:31:p2
Version: federal_register_of_legislation:C2025C00116
Segment Type: section
Provision Reference: s 31 (pt 2/3)
Character Range: 68409–70879

added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 90% of his or her normal weekly earnings; 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—an amount that, when added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 95% of his or her normal weekly earnings; or
 (f) if the employee is employed for 100% of his or her normal weekly hours during that week—an amount that, when added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 100% of his or her normal weekly earnings.
 (6) If:
 (a) compensation is payable under subsection (4) to an employee for a week; and
 (b) the employee is employed or engaged during the whole or any part of that week as a seafarer;
subsection (5) applies in relation to the employee as if he or she were covered by paragraph (5)(f).
 (7) If an amount of compensation worked out under subsection (5) is more than 150% of the amount called the Average Weekly Ordinary Time Earnings of Fulltime Adults, as published from time to time by the Australian Statistician, the amount so worked out must be reduced by an amount equal to the excess.
 (8) If an amount of compensation worked out under paragraph (5)(a) is less than the minimum earnings of the employee, the amount so worked out must be increased by an amount equal to the difference between that amount and the minimum earnings.
 (9) For the purposes of subsection (8), the minimum earnings of an employee are taken to be:
 (a) $254.46, or, if subsection (10) or (11) applies to the employee, the sum of $254.46 and the amount or amounts required to be added under whichever of those subsections applies; or
 (b) an amount equal to 90% of the employee's normal weekly earnings;
whichever is less.
 (10) If there are one or more prescribed persons wholly or mainly dependent on the employee, the amount of $62.99 must be added to the amount of $254.46 specified in paragraph (9)(a).
 (11) If there are one or more prescribed children (whether born before, on or after the date of the injury) wholly or mainly dependent on the employee, the amount of $31.50 for each of those children must be added to the amount of $254.46 specified in paragraph (9)(a), but an amount must not be so added for a child in