16Normal and actual earnings—former declared member not engaged in paid civilian work before last ceasing to be a member of the Defence Force, who did not undertake career transition assistance

16 Normal and actual earnings—former declared member not engaged in paid civilian work before last ceasing to be a member of the Defence Force, who did not undertake career transition assistance

(1) For the purposes of section 175 of the Act, this section applies to a person: (a) who was a declared member; and (b) who, for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and (c) who was a declared member when the service injury was sustained or the service disease was contracted; and (d) in respect of whom the Commonwealth is liable to pay compensation under section 118 of the Act; and (e) who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and (f) who did not have paid civilian work before last ceasing to be a member of the Defence Force. (2) The person’s normal earnings for a week is the amount worked out by: (a) treating the person as if the person were an incapacitated person mentioned in section 152 of the Act; and (b) assuming, for the application of section 153 of the Act, that the person would have a civilian component of: (i) if subsection (3) of this section applies—an amount determined by the Commission, having regard to the person’s qualifications, skills and experience, and assuming that the person’s normal weekly hours are 37.5 hours; or (ii) otherwise—nil; and (c) assuming, for the application of section 153 of the Act, that the person would have an ADF component of nil; and (d) working out the amount that would be the person’s normal earnings if the person were an incapacitated person; and (e) treating the person’s normal weekly hours as being 37.5 hours. (3) For the purposes of subparagraph (2)(b)(i), this subsection applies if: (a) the person is aged 16 years or over; and (b) the person is unable to continue full‑time studies or enter the workforce as a result of the incapacity; and (c) the person has undertaken a rehabilitation assessment; and (d) the person: (i) has undertaken a rehabilitation program; (ii) is undertaking a rehabilitation program; (iii) is not currently fit to undertake a rehabilitation program; (iv) is assessed as not requiring a rehabilitation program. (4) The actual earnings for a week for a person to whom this section applies is the amount worked out by treating the person as if the person were a person mentioned in section 129 of the Act: (a) to whom subsection 125(1) of the Act applies; and (b) if, for the purposes of subsection 130(1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection—to whom section 130 applies; and (c) whose actual earnings are worked out in accordance with section 132 of the Act.