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6.9.2 Former Cadets

6.9.2 Former Cadets

 

Type of person

Normal Earnings (NE)

Normal Weekly Hours (NWH)

6.9.2.1 Former Cadets in civilian employment before ceasing to be a member of the Cadets

MRCA Regulation 7

As per Sections 153-156

 

Cadet pay + civilian pay & allowances

 

(ADF component is nil unless a remunerated Cadet)

 

 

 

Cadet hours + civilian hours worked out under section 158

6.9.2.2 Former Cadets in civilian employment and also a member of Reserves

MRCA sub regulation 7(2)

As per Sections 153-156

 

Cadet pay + Reserve pay & allowances + civilian pay & allowances

 

 

 

Cadet hours + Reserve hours + civilian hours worked out under section 158

6.9.2.3 Former Cadets who were also members of the Permanent Forces

MRCA sub regulation 7(2)

 

Cadet pay + f/t ADF pay & allowances

 

 

Cadet hours + 37.5 hours

6.9.2.4 Former Cadets under the age of 16 and not engaged in 'paid civilian work' or only engaged in casual work

MRCA Regulation 8

 

Nil

 

 

Nil

6.9.2.5 Former Cadet not engaged in civilian work or only engaged in casual work – who is 16 years or  older

MRCA Regulation 8

Sections 153 – 156

Cadet pay +  civilian pay & allowances

37.5 hours

6.9.2.6 Former Cadets over the age of 16 who are not in 'paid civilian work' and who are unable to continue full-time studies or enter the workforce for the foreseeable future.

MRCA sub regulation 8(2)

 

As determined by the delegate based on the Cadet's skills, qualification and experience.

37.5 hours

Examples for Former Cadets

6.9.2.1   Former Cadets in civilian employment before ceasing to be a member of the Cadets

Terry a former adult Cadet Instructor (LT Pay Group 1-0) has full time civilian employment.  At the time he left the Cadets he was earning $850.00 per week.  He was injured during a Cadet training exercise several years earlier but left the Cadets last year.  He now requires surgery and will be incapacitated for 2 weeks from his civilian employment.  The current rate of pay for this rank as a Cadet Instructor is $129.28 per week.  The civilian component of NE is $850.00 per week plus the Wage Price Index applied for 1 July each year (2.9% for 1 July 2010).  The civilian component of his NE is therefore $874.65.

 

(Cadet pay     +      civilian pay & allowances)     –     (actual Cadet pay     +     civilian pay & allowances)

 

($129.28     +    $874.65)     –     (Nil )

 

$1,003.93     -     $0     =     $1,003.93 per week

6.9.2.2   Former Cadets in civilian employment and also a member of Reserves

Bob is a former adult Cadet Instructor (LT Pay Group 1-0) in full time civilian employment.  His earnings were $850.00 per week at the time he left the Cadets however, this has subsequently been indexed in accordance with the Wage Price Index to $874.65 per week.  He is also a Reservist (Corporal Pay Group 2/1) who parades on Tuesday nights.  He was injured during a Cadet training exercise and now requires surgery.  He is incapacitated for civilian employment however is able to parade with the Reserves on his usual Tuesday nights.   He was paid $129.28 per week as a Cadet Instructor and is paid $77.82 (including Reserve allowance) for each Tuesday night parade.

 

(Cadet pay     +     Reserve pay & allowances     +     civilian pay & allowances)     –     (actual Cadet pay     +     actual Reserve pay & allowances     +     civilian pay & allowances)

 

($129.28     +     $77.82    +     $874.65)    –      ($77.82)

 

$1,081.75     -      $77.82     =     $1,0003.93 per week

 

Note:

The civilian component of NE is derived from the example period, normally the 2-week period prior to leaving the Cadets.  This amount is then index according to the Wage Price Index on 1 July each year.

6.9.2.3   Former Cadets who were also members of the Permanent Forces

Mary is a former adult Cadet Instructor (FLTLT Pay Group 1/1).  She was also a Flight Lieutenant (Pay Group 4/3) in the Air force at the time of her Cadet injury.  She has elected her own discharge from the Permanent Forces and is working as a hairdresser earning $650.00 per week.  She was injured during Cadet training and this injury now prevents her from undertaking her civilian employment.  She will be entitled to her Cadet pay which is taxable plus her full time Permanent Forces pay at the Rank and pay level at the time of her discharge (also taxable).

 

(Cadet pay     +     f/t ADF pay & allowances)      –     (actual civilian pay and allowances)

 

($151.44     +     $1,655.95)     –     ($0)     =

 

$1,807.39 per week

6.9.2.4   Former Cadets under the age of 16 and not engaged in 'paid civilian work' or only engaged in casual work

A 15 year old Cadet who is a full time student with no civilian employment, is injured whilst on parade but is able to continue schooling with some degree of disruption.  NE is nil where the person is less that 16 years of age and has no civilian employment.

6.9.2.5   Former Cadet not engaged in civilian work or only engaged in casual work – who is 16 years or older

A former 16 year old Cadet, is a full time student who worked at the local supermarket during vacation periods (only), earning $325.00 per week.  He suffered an injury during his Cadet training and now requires surgery.  He is unable to work for 1 week.  His entitlement is taxable. 

 

Note:

The normal example period for this former Cadet is the 2-week period during which he was engaged in civilian employment prior to leaving the Cadets, which in this instance would have been his last period of vacation employment.  His earnings from civilian employment are then indexed in accordance with the Wage Price Index on 1 July each year after he has left the Cadets.

 

(Cadet pay + civilian pay & allowances)     –     (actual Cadet pay + actual civilian pay & allowances)

 

(Nil + $334.43)     –     (Nil)     =

 

$334.43

6.9.2.6   Former Cadets over the age of 16 who are not in 'paid civilian work' and who are unable to continue full-time studies or enter the workforce for the foreseeable future

A Cadet aged 16 with no employment is injured whilst on parade.  The Cadet is unable to continue full time studies (school) or to enter the workforce in the foreseeable future as a result of the incapacity.  The Cadet is taken to have ceased to be a member because the Commanding Officer of the Cadet’s unit has advised the Commission in writing under subclause 10(2) of the MRCA that the Cadet is unlikely to be able to perform the duties of a Cadet in the future as a result of his or her incapacity.

 

It would not be uncommon for a 16 year old Cadet to have no relevant work related qualifications, skills and experience.  In these circumstances the person's NE is the National Minimum Wage.

 

6.9.3 Declared Members

Declared members are members to whom a determination under section 8 of the MRCA applies.  This includes holders of honorary rank in the ADF assisting the ADF, members of philanthropic organisations assisting the ADF and persons participating in the career transition assistance scheme (CTAS).

 

Type of member

Normal Earnings

Actual Earnings

6.9.3.1 Declared member engaged in civilian work (non CTAS)

MRCA Regulation 11

Sections 94 & 95

 

Civilian pay & allowances

 

(There is no ADF component of NE)

MRCA Regulation 11

Section 101

 

Actual civilian pay and allowances

6.9.3.2 Declared member not engaged in civilian work who is 16 years or older (non CTAS)

MRCA sub regulation 12(2)

 

As determined by the delegate based on the Declared member's skills, qualifications and experience.

MRCA Regulation 12

Section 101

 

Actual civilian pay & allowances

6.9.3.3 Declared member not engaged in civilian work and who is under 16 years of age

MRCA Regulation 12

Nil

N/A

6.9.3.4 Declared member undertaking CTAS who has been discharged

MRCA Regulation 13

Section 104

 

F/T ADF pay & allowances + remuneration amount

MRCA Regulation 13

Section 105

 

Actual civilian pay & allowances

Examples for Declared Members

6.9.3.1   Declared member engaged in civilian work (non CTAS)

A member of a philanthropic organisation (Salvation Army) was injured while visiting Defence Force members on an approved exercise.  He normally works full time and earns $900.00 per week in his civilian employment but because of the injury, he is incapacitated for his civilian employment.  He does not have any ADF component to his entitlement.

 

civilian pay & allowances    -     actual civilian pay and allowances

 

($900.00     –     Nil)     =

 

$900.00 per week (taxable)

6.9.3.2   Declared member not engaged in civilian work who is 16 years or older (non CTAS)

A former full time serving member, with no civilian employment and who holds an honorary rank, sustained an injury while providing assistance to the ADF.  His injury has now rendered him incapacitated.  An approved rehabilitation program has assessed his skills, qualifications and experience and determined that he would be able to work as an APS4 in the Public Service earning $1,110.65 per week.

 

civilian pay & allowances    -     actual civilian pay and allowances

 

($1,110.65     –     Nil) =

 

$1,110.65 per week (taxable)

6.9.3.3   Declared member not engaged in civilian work and who is under 16 years of age

A Declared member under age of 16 without civilian employment has an NE of nil.

6.9.3.4   Declared member undertaking CTAS who has been discharged

Former full time serving member is participating in CTAS training as a security guard. is injured while on a work placement and is unable to obtain employment because of the injury.  His discharge rank and pay level was Corporal Pay Group 3/0 at $1158.95 per week.  He did not have any allowances.  NE is based on the former member's full time ADF rate of pay.

 

(f/t ADF pay & allowances + remuneration amount) – (actual civilian pay & allowances)

 

$1,158.95     +     $135.46     –      Nil     =

 

$1,294.41 (taxable)

 

6.9.4 Former Declared Members

 

Type of person

Normal Earnings (NE)

Normal Weekly Hours (NWH)

6.9.4.1 Former Declared member in paid civilian work (non CTAS)

MRCA Regulation 14

Section 153-156

 

Civilian pay & allowances

 

(There is no ADF component of NE)

MRCA Regulation 14

Section 158

 

Civilian hours

 

 

6.9.4.2 Former Declared member not in paid civilian work who did not undergo CTAS who is 16 years or older

MRCA sub regulation 15(2)

Section 153-156

 

As determined by the delegate based on the Declared member's skills, qualifications and experience.

MRCA Regulation 15

Section 158

 

37.5 hours

 

 

6.9.4.3 Former Declared member not in paid civilian work under the age 16

MRCA Regulation 15

 

Nil

N/A

6.9.4.4 Former Declared member who undertook CTAS

MRCA Regulation 16

Section 141

 

F/T ADF pay & allowances + remuneration amount

Section 132

 

 

37.5 hours

Examples for Former Declared Members

6.9.4.1   Former Declared member in paid civilian work (non CTAS)

Former Declared member sustained an injury while undertaking a photographic assignment for the ADF in Afghanistan.  Prior to his assignment he had full time civilian employment as a photographer earning $650.00 per week.  His injury has now rendered him partially incapacitated.  He is able to work 20 hours per week for which he receives $346.66.

 

Note:

His NE is based on the example period, which is derived from the latest period of 2 weeks during which the person was continuously engaged in civilian work and ending before the person last ceased to be a Declared member or any other period the delegate considers is reasonable.  In this case the example period is the 2-week period prior to him undertaking the assignment.

 

civilian pay & allowances     -     actual civilian pay and allowance

 

($650.00     -     $346.66)     =

 

$303.34

6.9.4.2   Former Declared member not in paid civilian work who did not undergo CTAS who is 16 years or older

Former Declared member not in paid civilian work, and not a CTAS Declared member, who is 16 years or older.

 

A member of philanthropic organisation was injured whilst assisting the ADF.  He had no civilian employment prior to rendering assistance to the ADF.  His NE is determined having regard to his qualifications, skills and experience as identified via a rehabilitation assessment.  For example, the rehabilitation assessment identified that the person had a Heavy Bus licence, and had worked previously as a Bus Driver earning $742.97 per week.  Therefore his NE is $742.97 per week.

 

civilian pay & allowances     -    actual civilian pay and allowance

 

Note:

Where the rehabilitation assessment cannot readily identify qualifications, skills and experience relevant to the labour market then the delegate may determine NE as equal to the National Minimum Wage.

6.9.4.3   Former Declared member not in paid civilian work under the age 16

Former Declared member not in paid civilian work under the age 16.

 

NE is nil where the person is less that 16 years of age and has no civilian employment.

6.9.4.4   Former Declared Member who Undertook CTAS

This scenario covers former members who undertook CTAS after discharge from the Permanent Forces, and as a result are treated as Declared members for the purpose of the MRCA.  NE is calculated based on the former members full-time ADF rate of pay.

 

(f/t ADF pay & allowances     +     remuneration amount)     –      (actual civilian pay & allowances)