Section 8 (6) states:

“Subject to this section, if the minimum amount per week payable to the employee in respect of his or her employment by the Commonwealth ... at the date of injury is increased, or would have been increased if the employee had continued in that employment, because of:

(a)the attainment by the employee of a particular age;

(b)the completion by the employee of a particular period of service; or

(c)the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to the employee or to his or her office, position or appointment;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.”

This section provides for increases to NWE after the date of injury.

Increases apply both to current employees and employees who have left the Commonwealth.  Continual liaison is required with the employer about current NWE figures, to ensure the figures are kept up to date and accurate for all employees.  This information is provided on the 'Claim for Time Off Work' and 'Claim for Period of Reduced Earnings' forms.

NWE increases may result from:

• an increase in age (increments apply on each birthday to age 21, when an employee is then eligible for adult wages).

• the completion of a period of service (such as an apprenticeship).

• an increase in the employee's increment level (except where the employer states that the employee would not have received the increment because he or she did not satisfy good conduct, diligence or efficiency prerequisites).

Section 8 (7) states:

“Subject to this section, if:

(a)an employee continues to be employed by the Commonwealth ... after the date of injury; and

(b)the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.”

Where an employee has been promoted, the NWE must be adjusted to have regard to that promotion.

However, this section does not apply to assertions that an employee would have been promoted, but for his or her injury.  Increases to NWE are only based on actual changes.

When adjusting an employee's NWE, a percentage figure must be applied to the employee's base salary rate (that is, the 'minimum amount').

This adjustment may also affect any overtime or allowance components previously taken into account for NWE purposes.  If the promotion results in cessation of overtime and/or allowances, section 8 (10) is then used to deduct overtime and allowances, as they no longer apply to the new NWE.

Section 8 (8) states:

“Subject to this section, where:

(a)the employment of an employee is of a kind referred to in subsection 5 (4) or (6) or subsection (3) of this section; and

(b)the employee is not receiving earnings from any other employment at the date of injury;

the normal weekly earnings of the employee before the date of injury shall be an amount determined by Comcare to be the amount per week that the employee would have been able to earn at the date of injury (including any amount in respect of overtime worked on a regular basis) if he or she had engaged in suitable paid employment.”

Section 8 (8) covers classes of employees, with no other employment, who:

•       previously undertook a work contract with the Commonwealth and are injured when reapplying for the same work at the same place [section 5 (4)] – no relevant period;

•       work on a voluntary basis and are listed in the gazette [section 5 (6)] – no income; or
•       work on a part time or in unpaid employment with the Commonwealth [section 8 (3)] – inappropriate representation of true income loss.

Each of these situations is unique.

As it is not possible to calculate an NWE for these employees, the earnings from similar duties in paid employment will need to be used.

Another perhaps more common instance may be where the employee is undergoing a rehabilitation program with the Commonwealth Rehabilitation Service (CRS).

In determining an NWE under section 8 (8), regard must be had to variations in the NWE figure, based on what would be expected to occur as a rehabilitation program progresses.

Very early in the program, it is likely that earnings would be quite small (such as a CRS allowance).  However at a later time, when the employee may actually be engaging in some sort of employment, Comcare could be guided by what the employee would have been earning in that employment (award wages).

While the employer is usually responsible for providing the NWE figure to be used to calculate an employee's incapacity entitlement, where either section 8 (3) or (8) applies, Comcare must gather earnings information and determine the NWE figure on that basis.

Section 8 (6) states:

“Subject to this section, if the minimum amount per week payable to the employee in respect of his or her employment by the Commonwealth ... at the date of injury is increased, or would have been increased if the employee had continued in that employment, because of:

(a)the attainment by the employee of a particular age;

(b)the completion by the employee of a particular period of service; or

(c)the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to the employee or to his or her office, position or appointment;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.”

This section provides for increases to NWE after the date of injury.

Increases apply both to current employees and employees who have left the Commonwealth.  Continual liaison is required with the employer about current NWE figures, to ensure the figures are kept up to date and accurate for all employees.  This information is provided on the 'Claim for Time Off Work' and 'Claim for Period of Reduced Earnings' forms.

NWE increases may result from:

• an increase in age (increments apply on each birthday to age 21, when an employee is then eligible for adult wages).

• the completion of a period of service (such as an apprenticeship).

• an increase in the employee's increment level (except where the employer states that the employee would not have received the increment because he or she did not satisfy good conduct, diligence or efficiency prerequisites).

Section 8 (7) states:

“Subject to this section, if:

(a)an employee continues to be employed by the Commonwealth ... after the date of injury; and

(b)the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.”

Where an employee has been promoted, the NWE must be adjusted to have regard to that promotion.

However, this section does not apply to assertions that an employee would have been promoted, but for his or her injury.  Increases to NWE are only based on actual changes.

When adjusting an employee's NWE, a percentage figure must be applied to the employee's base salary rate (that is, the 'minimum amount').

This adjustment may also affect any overtime or allowance components previously taken into account for NWE purposes.  If the promotion results in cessation of overtime and/or allowances, section 8 (10) is then used to deduct overtime and allowances, as they no longer apply to the new NWE.

Section 8 (8) states:

“Subject to this section, where:

(a)the employment of an employee is of a kind referred to in subsection 5 (4) or (6) or subsection (3) of this section; and

(b)the employee is not receiving earnings from any other employment at the date of injury;

the normal weekly earnings of the employee before the date of injury shall be an amount determined by Comcare to be the amount per week that the employee would have been able to earn at the date of injury (including any amount in respect of overtime worked on a regular basis) if he or she had engaged in suitable paid employment.”

Section 8 (8) covers classes of employees, with no other employment, who:

•       previously undertook a work contract with the Commonwealth and are injured when reapplying for the same work at the same place [section 5 (4)] – no relevant period;

•       work on a voluntary basis and are listed in the gazette [section 5 (6)] – no income; or
•       work on a part time or in unpaid employment with the Commonwealth [section 8 (3)] – inappropriate representation of true income loss.

Each of these situations is unique.

As it is not possible to calculate an NWE for these employees, the earnings from similar duties in paid employment will need to be used.

Another perhaps more common instance may be where the employee is undergoing a rehabilitation program with the Commonwealth Rehabilitation Service (CRS).

In determining an NWE under section 8 (8), regard must be had to variations in the NWE figure, based on what would be expected to occur as a rehabilitation program progresses.

Very early in the program, it is likely that earnings would be quite small (such as a CRS allowance).  However at a later time, when the employee may actually be engaging in some sort of employment, Comcare could be guided by what the employee would have been earning in that employment (award wages).

While the employer is usually responsible for providing the NWE figure to be used to calculate an employee's incapacity entitlement, where either section 8 (3) or (8) applies, Comcare must gather earnings information and determine the NWE figure on that basis.

Section 8 (6) states:

“Subject to this section, if the minimum amount per week payable to the employee in respect of his or her employment by the Commonwealth ... at the date of injury is increased, or would have been increased if the employee had continued in that employment, because of:

(a)the attainment by the employee of a particular age;

(b)the completion by the employee of a particular period of service; or

(c)the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to the employee or to his or her office, position or appointment;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.”

This section provides for increases to NWE after the date of injury.

Increases apply both to current employees and employees who have left the Commonwealth.  Continual liaison is required with the employer about current NWE figures, to ensure the figures are kept up to date and accurate for all employees.  This information is provided on the 'Claim for Time Off Work' and 'Claim for Period of Reduced Earnings' forms.

NWE increases may result from:

• an increase in age (increments apply on each birthday to age 21, when an employee is then eligible for adult wages).

• the completion of a period of service (such as an apprenticeship).

• an increase in the employee's increment level (except where the employer states that the employee would not have received the increment because he or she did not satisfy good conduct, diligence or efficiency prerequisites).

Section 8 (7) states:

“Subject to this section, if:

(a)an employee continues to be employed by the Commonwealth ... after the date of injury; and

(b)the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.”

Where an employee has been promoted, the NWE must be adjusted to have regard to that promotion.

However, this section does not apply to assertions that an employee would have been promoted, but for his or her injury.  Increases to NWE are only based on actual changes.

When adjusting an employee's NWE, a percentage figure must be applied to the employee's base salary rate (that is, the 'minimum amount').

This adjustment may also affect any overtime or allowance components previously taken into account for NWE purposes.  If the promotion results in cessation of overtime and/or allowances, section 8 (10) is then used to deduct overtime and allowances, as they no longer apply to the new NWE.

Section 8 (8) states:

“Subject to this section, where:

(a)the employment of an employee is of a kind referred to in subsection 5 (4) or (6) or subsection (3) of this section; and

(b)the employee is not receiving earnings from any other employment at the date of injury;

the normal weekly earnings of the employee before the date of injury shall be an amount determined by Comcare to be the amount per week that the employee would have been able to earn at the date of injury (including any amount in respect of overtime worked on a regular basis) if he or she had engaged in suitable paid employment.”

Section 8 (8) covers classes of employees, with no other employment, who:

•       previously undertook a work contract with the Commonwealth and are injured when reapplying for the same work at the same place [section 5 (4)] – no relevant period;

•       work on a voluntary basis and are listed in the gazette [section 5 (6)] – no income; or
•       work on a part time or in unpaid employment with the Commonwealth [section 8 (3)] – inappropriate representation of true income loss.

Each of these situations is unique.

As it is not possible to calculate an NWE for these employees, the earnings from similar duties in paid employment will need to be used.

Another perhaps more common instance may be where the employee is undergoing a rehabilitation program with the Commonwealth Rehabilitation Service (CRS).

In determining an NWE under section 8 (8), regard must be had to variations in the NWE figure, based on what would be expected to occur as a rehabilitation program progresses.

Very early in the program, it is likely that earnings would be quite small (such as a CRS allowance).  However at a later time, when the employee may actually be engaging in some sort of employment, Comcare could be guided by what the employee would have been earning in that employment (award wages).

While the employer is usually responsible for providing the NWE figure to be used to calculate an employee's incapacity entitlement, where either section 8 (3) or (8) applies, Comcare must gather earnings information and determine the NWE figure on that basis.

Section 8 (6) states:

“Subject to this section, if the minimum amount per week payable to the employee in respect of his or her employment by the Commonwealth ... at the date of injury is increased, or would have been increased if the employee had continued in that employment, because of:

(a)the attainment by the employee of a particular age;

(b)the completion by the employee of a particular period of service; or

(c)the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to the employee or to his or her office, position or appointment;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.”

This section provides for increases to NWE after the date of injury.

Increases apply both to current employees and employees who have left the Commonwealth.  Continual liaison is required with the employer about current NWE figures, to ensure the figures are kept up to date and accurate for all employees.  This information is provided on the 'Claim for Time Off Work' and 'Claim for Period of Reduced Earnings' forms.

NWE increases may result from:

• an increase in age (increments apply on each birthday to age 21, when an employee is then eligible for adult wages).

• the completion of a period of service (such as an apprenticeship).

• an increase in the employee's increment level (except where the employer states that the employee would not have received the increment because he or she did not satisfy good conduct, diligence or efficiency prerequisites).

Section 8 (7) states:

“Subject to this section, if:

(a)an employee continues to be employed by the Commonwealth ... after the date of injury; and

(b)the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.”

Where an employee has been promoted, the NWE must be adjusted to have regard to that promotion.

However, this section does not apply to assertions that an employee would have been promoted, but for his or her injury.  Increases to NWE are only based on actual changes.

When adjusting an employee's NWE, a percentage figure must be applied to the employee's base salary rate (that is, the 'minimum amount').

This adjustment may also affect any overtime or allowance components previously taken into account for NWE purposes.  If the promotion results in cessation of overtime and/or allowances, section 8 (10) is then used to deduct overtime and allowances, as they no longer apply to the new NWE.

Section 8 (8) states:

“Subject to this section, where:

(a)the employment of an employee is of a kind referred to in subsection 5 (4) or (6) or subsection (3) of this section; and

(b)the employee is not receiving earnings from any other employment at the date of injury;

the normal weekly earnings of the employee before the date of injury shall be an amount determined by Comcare to be the amount per week that the employee would have been able to earn at the date of injury (including any amount in respect of overtime worked on a regular basis) if he or she had engaged in suitable paid employment.”

Section 8 (8) covers classes of employees, with no other employment, who:

•       previously undertook a work contract with the Commonwealth and are injured when reapplying for the same work at the same place [section 5 (4)] – no relevant period;

•       work on a voluntary basis and are listed in the gazette [section 5 (6)] – no income; or
•       work on a part time or in unpaid employment with the Commonwealth [section 8 (3)] – inappropriate representation of true income loss.

Each of these situations is unique.

As it is not possible to calculate an NWE for these employees, the earnings from similar duties in paid employment will need to be used.

Another perhaps more common instance may be where the employee is undergoing a rehabilitation program with the Commonwealth Rehabilitation Service (CRS).

In determining an NWE under section 8 (8), regard must be had to variations in the NWE figure, based on what would be expected to occur as a rehabilitation program progresses.

Very early in the program, it is likely that earnings would be quite small (such as a CRS allowance).  However at a later time, when the employee may actually be engaging in some sort of employment, Comcare could be guided by what the employee would have been earning in that employment (award wages).

While the employer is usually responsible for providing the NWE figure to be used to calculate an employee's incapacity entitlement, where either section 8 (3) or (8) applies, Comcare must gather earnings information and determine the NWE figure on that basis.

Section 8 (6) states:

“Subject to this section, if the minimum amount per week payable to the employee in respect of his or her employment by the Commonwealth ... at the date of injury is increased, or would have been increased if the employee had continued in that employment, because of:

(a)the attainment by the employee of a particular age;

(b)the completion by the employee of a particular period of service; or

(c)the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to the employee or to his or her office, position or appointment;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.”

This section provides for increases to NWE after the date of injury.

Increases apply both to current employees and employees who have left the Commonwealth.  Continual liaison is required with the employer about current NWE figures, to ensure the figures are kept up to date and accurate for all employees.  This information is provided on the 'Claim for Time Off Work' and 'Claim for Period of Reduced Earnings' forms.

NWE increases may result from:

• an increase in age (increments apply on each birthday to age 21, when an employee is then eligible for adult wages).

• the completion of a period of service (such as an apprenticeship).

• an increase in the employee's increment level (except where the employer states that the employee would not have received the increment because he or she did not satisfy good conduct, diligence or efficiency prerequisites).

Section 8 (7) states:

“Subject to this section, if:

(a)an employee continues to be employed by the Commonwealth ... after the date of injury; and

(b)the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.”

Where an employee has been promoted, the NWE must be adjusted to have regard to that promotion.

However, this section does not apply to assertions that an employee would have been promoted, but for his or her injury.  Increases to NWE are only based on actual changes.

When adjusting an employee's NWE, a percentage figure must be applied to the employee's base salary rate (that is, the 'minimum amount').

This adjustment may also affect any overtime or allowance components previously taken into account for NWE purposes.  If the promotion results in cessation of overtime and/or allowances, section 8 (10) is then used to deduct overtime and allowances, as they no longer apply to the new NWE.

Section 8 (8) states:

“Subject to this section, where:

(a)the employment of an employee is of a kind referred to in subsection 5 (4) or (6) or subsection (3) of this section; and

(b)the employee is not receiving earnings from any other employment at the date of injury;

the normal weekly earnings of the employee before the date of injury shall be an amount determined by Comcare to be the amount per week that the employee would have been able to earn at the date of injury (including any amount in respect of overtime worked on a regular basis) if he or she had engaged in suitable paid employment.”

Section 8 (8) covers classes of employees, with no other employment, who:

•       previously undertook a work contract with the Commonwealth and are injured when reapplying for the same work at the same place [section 5 (4)] – no relevant period;

•       work on a voluntary basis and are listed in the gazette [section 5 (6)] – no income; or
•       work on a part time or in unpaid employment with the Commonwealth [section 8 (3)] – inappropriate representation of true income loss.

Each of these situations is unique.

As it is not possible to calculate an NWE for these employees, the earnings from similar duties in paid employment will need to be used.

Another perhaps more common instance may be where the employee is undergoing a rehabilitation program with the Commonwealth Rehabilitation Service (CRS).

In determining an NWE under section 8 (8), regard must be had to variations in the NWE figure, based on what would be expected to occur as a rehabilitation program progresses.

Very early in the program, it is likely that earnings would be quite small (such as a CRS allowance).  However at a later time, when the employee may actually be engaging in some sort of employment, Comcare could be guided by what the employee would have been earning in that employment (award wages).

While the employer is usually responsible for providing the NWE figure to be used to calculate an employee's incapacity entitlement, where either section 8 (3) or (8) applies, Comcare must gather earnings information and determine the NWE figure on that basis.

Section 8 (6) states:

“Subject to this section, if the minimum amount per week payable to the employee in respect of his or her employment by the Commonwealth ... at the date of injury is increased, or would have been increased if the employee had continued in that employment, because of:

(a)the attainment by the employee of a particular age;

(b)the completion by the employee of a particular period of service; or

(c)the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to the employee or to his or her office, position or appointment;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.”

This section provides for increases to NWE after the date of injury.

Increases apply both to current employees and employees who have left the Commonwealth.  Continual liaison is required with the employer about current NWE figures, to ensure the figures are kept up to date and accurate for all employees.  This information is provided on the 'Claim for Time Off Work' and 'Claim for Period of Reduced Earnings' forms.

NWE increases may result from:

• an increase in age (increments apply on each birthday to age 21, when an employee is then eligible for adult wages).

• the completion of a period of service (such as an apprenticeship).

• an increase in the employee's increment level (except where the employer states that the employee would not have received the increment because he or she did not satisfy good conduct, diligence or efficiency prerequisites).

Section 8 (7) states:

“Subject to this section, if:

(a)an employee continues to be employed by the Commonwealth ... after the date of injury; and

(b)the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.”

Where an employee has been promoted, the NWE must be adjusted to have regard to that promotion.

However, this section does not apply to assertions that an employee would have been promoted, but for his or her injury.  Increases to NWE are only based on actual changes.

When adjusting an employee's NWE, a percentage figure must be applied to the employee's base salary rate (that is, the 'minimum amount').

This adjustment may also affect any overtime or allowance components previously taken into account for NWE purposes.  If the promotion results in cessation of overtime and/or allowances, section 8 (10) is then used to deduct overtime and allowances, as they no longer apply to the new NWE.

Section 8 (8) states:

“Subject to this section, where:

(a)the employment of an employee is of a kind referred to in subsection 5 (4) or (6) or subsection (3) of this section; and

(b)the employee is not receiving earnings from any other employment at the date of injury;

the normal weekly earnings of the employee before the date of injury shall be an amount determined by Comcare to be the amount per week that the employee would have been able to earn at the date of injury (including any amount in respect of overtime worked on a regular basis) if he or she had engaged in suitable paid employment.”

Section 8 (8) covers classes of employees, with no other employment, who:

•       previously undertook a work contract with the Commonwealth and are injured when reapplying for the same work at the same place [section 5 (4)] – no relevant period;

•       work on a voluntary basis and are listed in the gazette [section 5 (6)] – no income; or
•       work on a part time or in unpaid employment with the Commonwealth [section 8 (3)] – inappropriate representation of true income loss.

Each of these situations is unique.

As it is not possible to calculate an NWE for these employees, the earnings from similar duties in paid employment will need to be used.

Another perhaps more common instance may be where the employee is undergoing a rehabilitation program with the Commonwealth Rehabilitation Service (CRS).

In determining an NWE under section 8 (8), regard must be had to variations in the NWE figure, based on what would be expected to occur as a rehabilitation program progresses.

Very early in the program, it is likely that earnings would be quite small (such as a CRS allowance).  However at a later time, when the employee may actually be engaging in some sort of employment, Comcare could be guided by what the employee would have been earning in that employment (award wages).

While the employer is usually responsible for providing the NWE figure to be used to calculate an employee's incapacity entitlement, where either section 8 (3) or (8) applies, Comcare must gather earnings information and determine the NWE figure on that basis.