Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:16:p1
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 16 (pt 1/2)
Character Range: 32869–35522

16  Normal weekly earnings—Prime Minister's spouse
 (1) For the purposes of this instrument, the normal weekly earnings before an injury of a covered person who is the Prime Minister's spouse are:
 (a) if there is a relevant period in relation to the covered person—the amount calculated under subsection (2), subject to subsections (3) to (6); or
 (b) if there is no relevant period in relation to the covered person—nil.
Note: See section 17 (relevant period—Prime Minister's spouse).
 (2) For the purposes of paragraph (1)(a), the amount is to be calculated using the formula:
where:
A is the average amount of any allowance payable to the covered person in each week in respect of his or her employment during the relevant period, other than an allowance payable in respect of special expenses incurred, or likely to be incurred, by the covered person in respect of that employment.
NH is the average number of hours worked in each week by the covered person in his or her employment during the relevant period.
RP is the covered person's average hourly ordinary time rate of pay during that period.
 (3) If the covered person is required to work overtime on a regular basis, the normal weekly earnings of the covered person before an injury are the amount calculated in accordance with subsection (2) plus an additional amount calculated in relation to the relevant period using the formula:
where:
NH is the average number of hours of overtime worked in each week by the covered person in his or her employment during the relevant period.
OR is the covered person's average hourly overtime rate of pay during that period.
 (4) If, because of the shortness of the relevant period, the normal weekly earnings as calculated in relation to the relevant period under subsection (2) or (3) would not fairly represent the weekly rate at which the covered person was being paid in respect of his or her employment before the injury, the normal weekly earnings before the date of the injury must be calculated in relation to such other period as Comcare considers reasonable for the purpose of arriving at an amount that does fairly represent the weekly rate at which the covered person was being so paid.
 (5) The normal weekly earnings of the covered person before the injury, as worked out under subsections (2) to (4), must be further increased, with effect from each 1 July after the injury:
 (a) by reference to 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