Document ID: chunk:federal_register_of_legislation:C2006C00126:clause:2_14:p1
Version: federal_register_of_legislation:C2006C00126
Segment Type: clause
Provision Reference: sch 2 cl 14 (pt 1/2)
Character Range: 24135–26764

14  Subsection 19(2)
Repeal the subsection, substitute:

 (2) Subject to this Part, Comcare is liable to pay to the employee in respect of the injury, for each week that is a maximum rate compensation week during which the employee 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 employee is able to earn in suitable employment;
 (b) the amount per week (if any) that the employee earns from any employment (including self‑employment) that is undertaken by the employee during that week.

NWE is the amount of the employee's normal weekly earnings.

 (2A) For the purposes of subsection (2), a week is a maximum rate compensation week, in relation to an employee to whom this section applies, if:
 (a) it is a week during which the employee's incapacity prevents the employee working the employee's normal weekly hours because the employee is unable to work or unable to work at the level at which the employee worked before the injury; and
 (b) the total number of hours that the employee has been prevented from working, or working at that level, during that incapacity, in that week and in all previous weeks, if any, to which paragraph (a) applies, does not exceed 45 times the employee's normal weekly hours.

 (2B) If, before the end of a particular week, the total of the hours that the employee has been prevented from working, or working at that level, in that week and in previous weeks, will exceed the total number of hours worked out in accordance with paragraph (2A)(b), then:
 (a) subsection (2) applies in respect of the part of the week before that total number of hours is exceeded in accordance with subsection (2C); and
 (b) subsection (3) applies in respect of the remainder of the week in accordance with subsection (2D).

 (2C) For the purposes of paragraph (2B)(a), the compensation payable in respect of the part of the week to which that paragraph refers is an amount worked out using the formula:
where:

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.

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