7Normal and actual earnings—cadet only engaged in casual work, or not engaged in civilian work, at time of incapacity

7 Normal and actual earnings—cadet only engaged in casual work, or not engaged in civilian work, at time of incapacity

(1) For the purposes of section 116 of the Act, this section applies to a cadet who, at the time of the cadet’s incapacity, was: (a) for a week referred to in this section, incapacitated for either or both service or work as a result of a service injury or disease; and (b) a cadet when the service injury was sustained or the service disease was contracted; and (c) a person who was: (i) not engaged in paid civilian work; or (ii) only engaged in casual work. Cadet’s normal earnings for a week (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 a civilian component of: (i) if subsection (3) of this section applies—an amount determined by the Commission, having regard to the cadet’s qualifications, skills and experience; or (ii) otherwise—nil; and (c) 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 (4) of this section; or (ii) otherwise—nil; and (d) working out the amount that would be the cadet’s normal earnings if the cadet were an incapacitated Reservist. Cadet’s civilian component requiring Commission determination (3) For the purposes of subparagraph (2)(b)(i), this subsection applies if: (a) the cadet is aged 16 years or over; and (b) the cadet is unable to continue full‑time studies or enter the workforce as a result of the incapacity; and (c) the cadet has undertaken a rehabilitation assessment; and (d) the cadet: (i) has undertaken a rehabilitation program; or (ii) is undertaking a rehabilitation program; or (iii) is not currently fit to undertake a rehabilitation program; or (iv) is assessed as not requiring a rehabilitation program. ADF component for a remunerated cadet (4) For the purposes of subparagraph (2)(c)(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. Cadet’s actual earnings for a week (5) 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.