There is no upper limit to the compensation payable under S19(2) – i.e. within the first 45 weeks of incapacity – other than the full amount of the client's NWE.

However after the first 45 weeks of incapacity Subsection 19(5) provides an upper limit to the amount of compensation payable under Subsection 19(3).

Subsection 19(5) provides that no amount calculated under S19(3) may exceed 150% of the Average Weekly Ordinary Time Earnings of Full-Time Adults (AWOTEFA).

  • AWOTEFA is published, from time to time, by the Australian Statistician.
  • See chapter 35 for a more detailed discussion of this topic