21Calculation of “current weekly wage rate” in certain circumstances

21 Calculation of “current weekly wage rate” in certain circumstances

21 Calculation of “current weekly wage rate” in certain circumstances

(1) This clause applies to an injured worker in relation to any period of total incapacity for work if the worker is retired or unemployed.

(2) For the application of the Principal Act, Part 3, Division 2, as in force for the purposes of this Act by operation of the exclusion provisions, current weekly wage rate, in relation to a worker, means the following—

(a) the amount estimated by the Australian Bureau of Statistics as the average weekly total cash earnings of all employees in New South Wales for the week immediately before the worker was incapacitated,

(b) if the Australian Bureau of Statistics fails or ceases to estimate the amount referred to in paragraph (a)—the prescribed amount or the amount determined in the way or by reference to matters, or both, prescribed by the regulations.

(3) Subclause (2) does not apply if the worker produces evidence about actual wages earned before the first 26 weeks of incapacity and requests the rate be determined in accordance with the Principal Act, section 42, as in force for the purposes of this Act by operation of the exclusion provisions.