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6.9.3 Declared Members

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)