83Interpretation of Division 3

83 Interpretation of Division 3

In this Division –

normal weekly earnings, in relation to a person who is incapacitated for work, means the average weekly earnings of the person during the relevant period;

period of incapacity, in relation to a person, means –

(a) a period of incapacity for work, whether partial incapacity, total incapacity or a combination of partial incapacity and total incapacity; and

(b) in the case of separate periods of incapacity for work resulting from one or more asbestos-related diseases, the aggregate of those periods;

relevant period, in relation to a person, means –

(a) if the person has been continuously employed by the same employer as a worker for 12 months or more before making an application for compensation, the 12 months immediately before the person made the application; or

(b) if the person has been continuously employed by the same employer as a worker for less than 12 months before making an application for compensation, the period for which he or she was employed immediately before the person made the application; or

(c) if section 84(3)(b) applies to the person, the aggregate of the period of 6 months referred to in that provision.