Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 152

Definitions

In this Part—

"current weekly earnings" of a worker in relation to a week means—

        (a)     if the worker's base rate of pay is calculated on the basis of ordinary hours worked, the sum of—

              (i)     the worker's earnings so calculated for the ordinary hours worked during that week; and

              (ii)     amounts paid or payable for overtime or shift allowances in respect of that week; and

              (iii)     amounts paid or payable as piece rates or commissions in respect of that week; and

              (iv)     other amounts referred to in section 155(1)(c); or

        (b)     if paragraph (a) does not apply, the worker's actual earnings (other than an amount of a kind referred to in section 155(1)(d) or 156(1)(a), (b), (c) or (f)) in respect of that week;

"deductible amount" means the sum of the value, in respect of a week, of each non-pecuniary benefit referred to in section 155(1)(d) that is provided by the employer to a worker in respect of that week (whether or not received by the worker during the relevant period), being a non-pecuniary benefit that—

        (a)     was provided by the employer to the worker for the performance of work by the worker before the worker sustained the relevant injury and continues after the injury to be provided by the employer for the benefit of the worker or a member of the family of the worker; or

        (b)     was not provided by the employer before the worker sustained the relevant injury but is provided by the employer after the injury for the benefit of the worker or a member of the family of the worker;

"first entitlement period" , in relation to a claim for compensation in the form of weekly payments made by a worker, means an aggregate period not exceeding 13 weeks (whether or not consecutive) in respect of which a weekly payment has been paid or is payable to the worker;

"second entitlement period", in relation to a claim for compensation in the form of weekly payments made by a worker, means an aggregate period of 117 weeks (whether or not consecutive) after the expiry of the first entitlement period in respect of which a weekly payment has been paid or is payable to the worker;

"week", for the purposes of the following—

        (a)     the definition of first entitlement period ;

        (b)     the definition of second entitlement period ;

        (c)     the definition of enhancement period ;

        (d)     calculating a period of weeks referred to in section 42, 43, 168, 189 (other than subsection (3)(e) and (g)), 241 or 244—

means a week in respect of which any amount of compensation in the form of weekly payments or weekly payments of pension or superannuation contributions is paid or payable, whether for all or any part of that week.



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