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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 626

Amendment of sections 5, 5A, 5AB, 5AE, 8(5) and 68

    (1)     In section 5(1) of the Accident Compensation Act 1985 , definition of "medical service", paragraph (b), after "artifical members," insert "orthoses,".

    (2)     For section 5A(1)(a) of the Accident Compensation Act 1985 substitute

    "(a)     the average of the worker's ordinary earnings during the relevant period (excluding from that period any week during which the worker did not actually work and—

              (i)     was on unpaid leave; or

              (ii)     was on paid leave at a rate less than the base rate of pay)—

expressed as a weekly sum; and".

    (3)     For section 5A(3)(d) of the Accident Compensation Act 1985 substitute

    "(d)         the average of the worker's ordinary earnings while employed during the period of 78 weeks immediately before the injury (excluding from that period any week during which the worker did not actually work and—

              (i)     was on unpaid leave; or

              (ii)     was on paid leave at a rate less than the base rate of pay)—

whether or not the employer is the same employer as at the time of the injury, expressed as a weekly sum; and".

    (4)     For section 5AB(1)(a)(i) of the Accident Compensation Act 1985 substitute

    "(i)     the worker's earnings calculated at that rate for ordinary hours in that week during which the worker worked or was on paid leave at the base rate of pay; and".

    (5)     For section 5AE(a)(ii) of the Accident Compensation Act 1985 substitute

    "(ii)     in any other case, the worker's average weekly hours during the relevant period (excluding from that period any week during which the worker did not actually work and was not on paid leave at the base rate of pay);".

    (6)     For section 5AE(b)(ii) of the Accident Compensation Act 1985 substitute

    "(ii)     in any other case, the worker's average weekly hours during the relevant period (excluding from that period any week during which the worker did not actually work and was not on paid leave at the base rate of pay).".

    (7)         In section 8(5) of the Accident Compensation Act 1985 , in the definition of "relevant period", after "in relation to services provided" insert "on or after 1 July 2010".



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