NSWIn ForceRegulation
Workers Compensation Regulation 2016
8AOperation of Division
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#### 8A Operation of Division
8A Operation of Division
> > (1) This Division provides for the adjustment of the relevant earning period under clause 2(2) of Schedule 3 to the 1987 Act for a worker in employment for the purposes of calculating the pre-injury average weekly earnings in relation to the worker.
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> > (2) The relevant earning period in respect of the employment is to be adjusted in accordance with the provisions of this Division in the following order—
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> > > (a) Clause 8B (Adjustment for workers not continuously employed),
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> > > (b) Clause 8C (Adjustment for financially material change to earnings),
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> > > (c) Clause 8D (Alignment of relevant earning period with pay period),
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> > > (d) Clause 8E (Adjustment for unpaid leave),
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> > > (e) Clause 8EA (Adjustment for prescribed periods relating to COVID-19).
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> > (3) Accordingly, a reference in a provision of this Division—
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> > > (a) to the relevant earning period is a reference to the relevant earning period as adjusted in accordance with any preceding provision applicable to the worker, or
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> > > (b) to the unadjusted earning period is a reference to the relevant earning period as so adjusted, but without regard to any adjustment under the provision in which the expression is used.
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> **cl 8A:** Ins 2019 (455), Sch 1\[2\]. Am 2020 (625), Sch 1\[1\].