36.1.1 Content of SRCA 19(6) to (9)

The SRCA provides for a minimum level of compensation (calculated at statutory rates, rather than based on a NWE), in some cases. This provision is governed by S19(6)-(9) which reads as follows:

6.Where an amount of compensation calculated under paragraph (3)(a) is less than the minimum earnings, the amount so calculated shall be increased by an amount equal to the difference between that amount and the minimum earnings.

7.For the purposes of Subsection (6), the minimum earnings of an employee shall be taken to be:

a)$202, or, if Subsection (8) or (9) applies in relation to the employee, the sum of $202 and the amount or amounts required to be added under whichever of those subsections applies, or

b)an amount equal to 90% of the employee's normal weekly earnings

whichever is less.

8. If there are prescribed persons wholly or mainly dependent on the employee, there shall be added to the amount of $202 specified in the paragraph (7)(a) the amount of $50.

9. If there are prescribed children in relation to whom this Act applies (whether born before, on or after the date of the injury) wholly or mainly dependent on the employee, there shall be added to the amount of $202 specified in paragraph (7)(a) the amount of $25 for each of those children, but an amount shall not be so added for a child in relation to any period before the date of the birth of that child.

The actual $ amounts specified in these subsections have been updated regularly since proclamation of the Act and delegates should apply the amounts specified in the table at 36.1.3