32.3.2 Client unemployed but with demonstrated AE

Where there is a demonstrated AE in some type of employment, earnings are to be deemed in that capacity, whether the employment is with the Commonwealth or otherwise.

• If the client can show, through genuine and unsuccessful attempts to obtain employment, that he/she lacks the ability to find employment because of his/her injury, the ability to earn should be treated as nil.
• However where the clients efforts to find employment have been ineffective for reasons other than the injury (e.g. lack of preparedness to change residence to a place with better employment prospects) the ability to earn should be deemed as if that employment were available.