15Normal weekly earnings—members

15  Normal weekly earnings—members

 (1) For the purposes of this instrument, the normal weekly earnings before an injury of a covered person who is a member are the total amount of relevant allowance or salary which the covered person is entitled to receive in respect of a week:

 (a) if the covered person is entitled to a Parliamentary allowance immediately before the injury—as at immediately before the injury; or

 (b) otherwise—as at the last time before the injury at which the covered person was entitled to a Parliamentary allowance.

 (2) The normal weekly earnings of a covered person before the covered person’s injury, as referred to in subsection (1), must, while the covered person is entitled to a Parliamentary allowance, be increased or reduced by any increases or reductions in any amount of relevant allowance or salary used to work out the normal weekly earnings of the covered person before the covered person’s injury.

Note: For example, if a new determination takes effect under subsection 7(1) of the Remuneration Tribunal Act 1973 in relation to an amount that is a relevant allowance or salary referred to in subsection (1) of this section, the normal weekly earnings of the covered person before the injury must be increased or decreased in accordance with any increase or decrease in the amount in the new determination.

 (3) After the covered person ceases to be entitled to a Parliamentary allowance, the normal weekly earnings of the covered person before the injury, as worked out under subsection (1) and increased or reduced under subsection (2), must be further increased, with effect from each 1 July after the cessation:

 (a) by reference to the percentage of increase (if any) in the index that is prescribed by regulations in force for the purposes of subsection 8(9B) of the Safety, Rehabilitation and Compensation Act 1988 over the year ending on the 31 December preceding the 1 July; and

 (b) in accordance with any manner specified by regulations in force for the purposes of subsection 8(9D) of that Act.

 (4) If the amount of the covered person’s normal weekly earnings before an injury, as calculated under the preceding subsections, would exceed:

 (a) if the covered person is a covered current member—the amount per week of the earnings that the covered current member would receive if he or she were not incapacitated for work; or

 (b) if the covered person has ceased to be a covered current member—whichever is the greater of the following amounts:

 (i) the amount per week of the earnings that the covered person would receive if he or she had continued to be a current covered member at the date of the injury;

 (ii) the amount per week of the earnings that the covered person would receive if he or she had continued to be a current covered member at the date on which they ceased to be a current covered member;