6Normal and actual earnings—cadet engaged in paid civilian work at time of incapacity

6 Normal and actual earnings—cadet engaged in paid civilian work at time of incapacity

(1) For the purposes of section 116 of the Act, this section applies to a cadet who: (a) 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 (b) was a cadet when the service injury was sustained or the service disease was contracted; and (c) was engaged in paid civilian work that was not casual work at the time of the cadet’s incapacity; and (d) is not a person who is unable to continue full‑time studies or enter the workforce as a result of the incapacity. (2) The cadet’s normal earnings for a week is the amount worked out by: (a) treating the cadet as if the cadet were an incapacitated Reservist mentioned in section 94 of the Act; and (b) assuming, for the application of section 95 of the Act, that the cadet would have an ADF component of: (i) if the person is a remunerated cadet—the total worked out under subsection (3) of this section; or (ii) in any other case—nil; and (c) working out the amount that would be the cadet’s normal earnings if the cadet were an incapacitated Reservist. (3) For the purposes of subparagraph (2)(b)(i), work out the total of: (a) an amount determined by the Commission having regard to the cadet’s rate of pay; and (b) if the cadet is also a member of the Permanent Forces or the Reserves—any normal ADF pay earned by the cadet. (4) The cadet’s actual earnings for a week is the amount worked out by: (a) treating the cadet as an incapacitated Reservist mentioned in section 94 of the Act; and (b) working out, for the application of section 101 of the Act, the cadet’s actual ADF pay; and (c) working out the amount that would be the cadet’s actual earnings if the cadet were an incapacitated Reservist.