Document ID: chunk:federal_register_of_legislation:C2025C00175:section:19:p4
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 19 (pt 4/5)
Character Range: 105802–108443

be, was, in Comcare's opinion, reasonable in all the circumstances; and
 (g) any other matter that Comcare considers relevant.
 (5) Where an amount of compensation calculated under subsection (3) 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 shall be reduced by an amount equal to the excess.
 (6) Where an amount of compensation calculated under paragraph (3)(a) is less than the minimum earnings, the amount so calculated shall be increased by an amount equal to the difference between that amount and the minimum earnings.
 (7) For the purposes of subsection (6), the minimum earnings of an employee shall be taken to be:
 (a) $202, or, if subsection (8) or (9) applies in relation to the employee, the sum of $202 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.
 (8) If there are prescribed persons wholly or mainly dependent on the employee, there shall be added to the amount of $202 specified in paragraph (7)(a) the amount of $50.
 (9) If there are prescribed children in relation to whom this Act applies (whether born before, on or after the date of the injury) wholly or mainly dependent on the employee, there shall be added to the amount of $202 specified in paragraph (7)(a) the amount of $25 for each of those children, but an amount shall not be so added for a child in relation to any period before the date of birth of that child.
 (10) If a prescribed child is:
 (a) a prescribed person in relation to the employee; and
 (b) the only prescribed person who is wholly or mainly dependent on the employee;
subsection (9) does not apply in relation to that child.
 (11) If 2 or more prescribed children are each:
 (a) a prescribed person in relation to the employee; and
 (b) wholly or mainly dependent on the employee;
subsection (8) applies in relation to one of those children and subsection (9) applies in relation to the remainder of those children.
 (12) In this section, prescribed person, in relation to an employee, means:
 (a) the spouse of the employee; or
 (b) any of the following persons, being a person who is 16 or more:
 (i) the parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling of the employee;
 (ii) a person in relation to whom the employee stands in the position of a parent or who stands in the position of a parent to the employee;
 (iii) a person (other than