Subsections 181(3) - (5) of the MRCA [2] are almost identical to subsection 19(4) of the DRCA [3].
These provisions state that:
then the delegate must have regard to:
in determining actual earnings.
It is important to note that one of the considerations in determining what work is suitable, is the availability of that work in the labour market. Delegates should not presuppose that one or more of the conditions outlined in subsections 181(3)-(5) of MRCA [2] or 19(4) of DRCA [3] exist merely because a person has completed a vocational rehabilitation program.
Successful completion of a vocational rehabilitation program is defined by the person actually obtaining suitable work.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/21140%23comment-form
[2] https://www.comlaw.gov.au/Series/C2004A01285
[3] https://www.legislation.gov.au/Series/C1988A00156