70Computation of normal weekly earnings

### 70 Computation of normal weekly earnings > > (1)  *\[Section 70 Subsection (1) amended by No. 16 of 1995, s. 48 \]*For the purposes of [section 69](#GS69@EN) , a reference to the normal weekly earnings of a worker shall be construed as a reference to the normal weekly earnings of the worker as determined by [subsection (2)](#GS70@Gs2@EN) . > > > (2)  *\[Section 70 Subsection (2) amended by No. 16 of 1995, s. 48 \]*The normal weekly earnings of a worker shall be determined in accordance with the following provisions: > > > > > > (a) in computing normal weekly earnings, regard is to be had to the principle that, subject to this Act, a worker should receive no more than the worker would have received if the worker had continued in the worker's usual employment; > > > > > > > (ab) in computing normal weekly earnings, any component of the worker's earnings attributed to overtime or excess hours is to be disregarded unless – > > > > > > > > > > (i) the overtime or excess hours was or were a requirement of the worker's contract of employment; and > > > > > > > > > > > (ii) the worker worked overtime or excess hours in accordance with a regular and established pattern and in accordance with a roster; and > > > > > > > > > > > (iii) the pattern was substantially uniform as to the number of overtime or excess hours worked; and > > > > > > > > > > > (iv) the worker would have continued to work overtime or excess hours in accordance with the established pattern if the worker had not been incapacitated; > > > > > > > (ac) in computing normal weekly earnings, any amounts paid to the worker at the discretion of the worker's employer by way of bonus, gratuity or other similar payment is to be excluded; > > > > > > > (b) [*\[Section 70 Subsection (2) amended by No. 42 of 2007, s. 17, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS17@Hpa@EN) where, at the commencement of the period of incapacity, the worker has contracts of service with 2 or more employers, his or her normal weekly earnings are to be computed as the sum of the average weekly earnings in each employment as if his or her earnings under both or all of those contracts were earnings in the employment of the employer for whom he or she was working at the commencement of the period of incapacity; > > > > > > > (c) [*\[Section 70 Subsection (2) amended by No. 42 of 2007, s. 17, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS17@Hpa@EN) .  .  .  .  .  .  .  .   > > > > > > > (d) [*\[Section 70 Subsection (2) amended by No. 85 of 2009, s. 18, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS18@EN) where one of the contracts referred to in [paragraph (b)](#GS70@Gs2@Hpb@EN) is a full-time contract of service, the normal weekly earnings of the worker shall be computed by reference only to the full-time contract of service; > > > > > > > (e) [*\[Section 70 Subsection (2) amended by No. 42 of 2007, s. 17, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS17@Hpb@EN) .  .  .  .  .  .  .  .   > > > > > > > (f) where the employer has been accustomed to pay to the worker a sum to cover any special expenses entailed on him by the nature of his employment, the sum so paid shall not be reckoned as part of the earnings; > > > > > > > (fa) where the worker has been entitled to receive payment or allowances to cover the cost of expenses incurred in relation to travel, meals and accommodation during the worker's employment, such payment or allowances are not to be included as part of the earnings; > > > > > > > (g) where the worker delivers to the employer a statement in writing, verified by statutory declaration, setting out the amount of his earnings during any period, that statement is evidence that that amount was the earnings of the worker during that period. > > > (3)  *\[Section 70 Subsection (3) inserted by No. 16 of 1995, s. 48 \]*For the purposes of this section, ***excess hours*** means hours worked in addition to the minimum guaranteed contracted hours prescribed in an award, industrial agreement or enterprise agreement which applies to the worker or the worker's contract of employment.