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Workplace Injury Rehabilitation and Compensation Act 2013
159Twice the State average weekly earnings
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159 Twice the State average weekly earnings
(1) Where, under this Part—
(a) a person is entitled, in relation to a financial year, to an amount at the rate of the whole or a part of twice the State average weekly earnings; and
(b) continues to be so entitled; and
(c) the amount of State average weekly earnings is reduced in respect of a subsequent financial year—
the person's entitlement, in respect of that subsequent financial year, is to be calculated as if the reduction had not taken effect, except for the purposes of this section.
(2) If the amount of State average weekly earnings—
(a) is reduced in respect of a financial year; and
(b) is increased in respect of a subsequent financial year—
that increase has effect in relation to a person to whom subsection (1) applies only to the extent (if any) to which the amount of the increase exceeds the amount of the reduction in respect of the previous financial year, or that part of the reduction that has not been set off against a previous increase.
(3) For the purposes of this Act, a reference to ***twice the State average weekly earnings*** is a reference to that amount calculated—
(a) if that amount is less than $1000, to the nearest whole dollar; or
(b) if that amount is $1000 or more, to the nearest $10.
S. 159(4) inserted by No. 41/2016 s. 3.
(4) For the purposes of this section—
(a) a person who becomes entitled, in relation to a financial year, to an amount at the rate of the whole or a part of twice the State average weekly earnings; and
(b) in that financial year, the amount of State average weekly earnings is reduced in respect of the previous financial year—
the person's entitlement, in respect of that financial year, is to be calculated using the amount of State average weekly earnings in the last preceding financial year in which the State average weekly earnings was not reduced.
Division 2—Weekly payments
Subdivision 1—General
160 Compensation in weekly payments [s. 93]
If a worker's incapacity for work results from, or is materially contributed to by, an injury which entitles the worker to compensation, the compensation must be in the form of weekly payments, subject to and in accordance with this Act*.*