Applying Section 33

Section 33 has a very limited application, because of two factors:

  • the operation of section 116; and

  • the funding system used for reimbursement and payments by Comcare.

The only area where section 33 seems to apply is where public holidays intervene in a period where an employee is totally absent from work and receiving compensation.  The section does not apply to:

  • salary for the day of injury (for which Public Service Act and other related legislation applies); or

  • where determinations of incapacity entitlements are awarded retrospectively, and after public holidays or other leave has been used by an employee.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/other-payments-commonwealth-section-33/applying-section-33

Salary for day of injury

Section 33 has a very limited application, because of two factors:

  • the operation of section 116; and

  • the funding system used for reimbursement and payments by Comcare.

The only area where section 33 seems to apply is where public holidays intervene in a period where an employee is totally absent from work and receiving compensation.  The section does not apply to:

  • salary for the day of injury (for which Public Service Act and other related legislation applies); or

  • where determinations of incapacity entitlements are awarded retrospectively, and after public holidays or other leave has been used by an employee.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/other-payments-commonwealth-section-33/applying-section-33/salary-day-injury

Retrospective determinations

Section 33 has a very limited application, because of two factors:

  • the operation of section 116; and

  • the funding system used for reimbursement and payments by Comcare.

The only area where section 33 seems to apply is where public holidays intervene in a period where an employee is totally absent from work and receiving compensation.  The section does not apply to:

  • salary for the day of injury (for which Public Service Act and other related legislation applies); or

  • where determinations of incapacity entitlements are awarded retrospectively, and after public holidays or other leave has been used by an employee.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/other-payments-commonwealth-section-33/applying-section-33/retrospective-determinations