31.4 Anticipated (future) promotions and pay levels are not NWE

NWE should reflect only those promotions (including civilian promotions for reservists) actually gained over the period of ADF service. NWE is not to include alleged loss of career opportunity or prospective, anticipated promotions, i.e. those that would allegedly have occurred 'but for' the injury.

ADF members injured while undergoing promotion courses or further ADF employment and skills training (and thus prevented by injury from completing that course) should not have their NWE set at the level of an the anticipated promotion. Clients sometimes assert that this is the level they would have been paid 'but for the injury'. However promotion after such courses is dependent upon standard of performance during the course, assessment/recommendation on its completion and subsequent selection and appointment to a higher rank occurs thereafter only if such a position were available. Delegates may not assume this outcome.

Thus only actual, formally confirmed promotions may be incorporated into NWE.