8Normal earnings and normal weekly hours for person who was a cadet—person engaged in paid civilian work before last ceasing to be member of Defence Force

8 Normal earnings and normal weekly hours for person who was a cadet—person engaged in paid civilian work before last ceasing to be member of Defence Force

(1) For the purposes of section 175 of the Act, this section applies to a person: (a) who was a cadet; 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 cadet 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, before last ceasing to be a member of the Defence Force, was a person engaged in civilian work that was not casual work. (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 an ADF component of: (i) if the person was 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 person’s normal earnings if the person were an incapacitated person. (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 person’s rate of pay as a cadet immediately before the date of discharge; and (b) if the person was a member of the Permanent Forces or the Reserves—any ADF pay earned by the person up to and including the date of discharge. (4) The person’s normal weekly hours are the number of hours that would be the person’s normal weekly hours worked out under section 158 of the Act as if the person were an incapacitated person. (5) 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.