SR 2004 No 156 Regulations as amended, taking into account amendments up to SR 2004 No. 350
End Date 27 Apr 2006
Compilation Information
This compilation was prepared on 8 December 2004
taking into account amendments up to SR 2004 No. 350
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra
- REG 1
Name of Regulations
In these Regulations:
In these Regulations, a reference to a person undertaking a period of career transition assistance means a person who, under subsection 8
of the Act, is taken to be a member by reason of undertaking Career Transition Assistance under an arrangement made by the Australian Defence Force.
is employed on a casual or irregular basis; and
is 16 years or over.
Normal and actual earnings — cadet engaged in paid civilian
work at time of incapacity (Act s 116)
For section 116 of the Act, this regulation applies to a cadet who:
for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and
was a cadet when the service injury was sustained or the service disease was contracted; and
was engaged in paid civilian work that was not casual work at the time of his or her incapacity; and
is not a person who is unable to continue full-time studies or enter the workforce as a result of the incapacity.
The cadet's normal earnings for a week is the amount worked out by:
treating the cadet as if he or she were an incapacitated Reservist mentioned in section 94 of the Act; and
assuming, for the application of section 95 of the Act, that the cadet would have an ADF component of:
if the person is a remunerated cadet — the total of:
an amount determined by the Commission having regard to the cadet's rate of pay; and
if the cadet is also a member of the Permanent Forces or the Reserves — any normal ADF pay earned by the cadet; or
in any other case — nil; and
working out the amount that would be the cadet's normal earnings if the cadet were an incapacitated Reservist.
The cadet's actual earnings for a week is the amount worked out by:
treating the cadet as an incapacitated Reservist mentioned in section 94 of the Act; and
working out, for the application of section 101 of the Act, the cadet's actual ADF pay; and
working out the amount that would be the cadet's actual earnings if the cadet were an incapacitated Reservist.
Normal and actual earnings — cadet only engaged in casual
work, or not engaged in civilian work, at time of incapacity (Act s 116)
For section 116 of the Act, this regulation applies to a cadet who, at the time of his or her incapacity, was:
for a week referred to in this regulation, incapacitated for either or both service or work as a result of a service injury or disease; and
a cadet when the service injury was sustained or the service disease was contracted; and
a person who was:
not engaged in paid civilian work; or
only engaged in casual work.
assuming, for the application of section 95 of the Act, that the cadet would have a civilian component worked out using the following table; and
Cadet's age
Cadet's circumstances
(a) is unable to continue full-time studies or enter the workforce as a result of the incapacity; and
(b) has undertaken a rehabilitation program
An amount determined by the Commission, having regard to the cadet's qualifications, skills and experience
Normal earnings and normal weekly hours for person who was a
cadet — person engaged in paid civilian work before last ceasing to be member of Defence Force (Act s 175)
For section 175 of the Act, this regulation applies to a person:
who was a cadet; and
who, for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and
who was a cadet when the service injury was sustained or the service disease was contracted; and
in respect of whom the Commonwealth is liable to pay compensation under section 118 of the Act; and
who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and
who, before last ceasing to be a member of the Defence Force, was a person engaged in civilian work that was not casual work.
The person's normal earnings for a week is the amount worked out by:
treating the person as if he or she were an incapacitated person mentioned in section 152 of the Act; and
assuming, for the application of section 153 of the Act, that the person would have an ADF component of:
if the person was a remunerated cadet — the total of:
if the cadet was a member of the Permanent Forces or the Reserves — any ADF pay earned by the cadet up to and including the date of discharge; or
working out the amount that would be the person's normal earnings if the person were an incapacitated person.
The person's weekly hours are the number of hours that would be the person's normal weekly hours worked out under section 158 of the Act as if the person were an incapacitated person.
The actual earnings for a week for a person to whom this regulation applies is the amount worked out by treating the member as if he or she were a person mentioned in section 129 of the Act:
to whom subsection 125 (1) of the Act applies; and
if, for subsection 130 (1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection — to whom section 130 applies; and
whose actual earnings are worked out in accordance with section 132 of the Act.
cadet — person not engaged in paid civilian work, or only engaged in casual work, before last ceasing to be a member of the Defence Force (Act s 175)
who, before last ceasing to be a member of the Defence Force:
did not have paid civilian work; or
was engaged in casual work.
assuming, for the application of section 153 of the Act, that the person would have a civilian component worked out using the following table; and
Person's age
Person's circumstances
(a) having regard to the person's qualifications, skills and experience; and
if the person was also a member of the Permanent Forces or the Reserves — any normal ADF pay earned by the person; or
working out the amount that would be the person's normal earnings if the person were an incapacitated person; and
working out the number of hours that would be the person's normal weekly hours as follows:
if the person's normal weekly hours are mentioned in an item in the table — that number;
in any other case — as if the person were an incapacitated person.
Number of days in part of week (Act s 196)
- REG 10
Modifications of Chapter 2 (Act s 439)
Normal and actual earnings — declared member engaged in paid
civilian work at time of incapacity, who is not undertaking career transition assistance (Act s 116)
For section 116 of the Act, this regulation applies to a declared member who:
was a declared member when the service injury was sustained or the service disease was contracted; and
was engaged in paid civilian work at the time of his or her incapacity and is not undertaking a period of career transition assistance.
The member's normal earnings for a week is the amount worked out by:
treating the member as if he or she were an incapacitated Reservist mentioned in section 94 of the Act; and
assuming, for the application of section 95 of the Act, that the member would have an ADF component of nil; and
working out the amount that would be the member's normal earnings if the member were an incapacitated Reservist.
The member's actual earnings for a week is the amount worked out by:
treating the member as an incapacitated Reservist mentioned in section 94 of the Act; and
working out the amount that would be the member's actual civilian earnings if the member were an incapacitated Reservist.
Normal and actual earnings — declared member not engaged in
civilian work at time of incapacity and not undertaking career transition assistance (Act s 116)
was not engaged in paid civilian work at the time of his or her incapacity, and is not undertaking career transition assistance.
assuming, for the application of section 95 of the Act, that the member would have a civilian component worked out using the following table.
Member's age
Member's circumstances
An amount determined by the Commission, having regard to the member's qualifications, skills and experience
Normal and actual earnings — incapacitated declared member
undertaking career transition assistance (Act s 116)
For section 116 of the Act, this regulation applies to an incapacitated declared member who:
was undertaking a period of career transition assistance at the time of the incapacity.
The normal earnings for a week for a member to whom this regulation applies, and who has not been discharged, is the amount worked out by treating the member as if he or she were:
a Permanent Forces member or continuous full-time reservist mentioned in section 91 of the Act; and
incapacitated for service.
The actual earnings for a week for a member to whom this regulation applies, and who has not been discharged, is the amount worked out by treating the member as if he or she were:
The normal earnings for a week for a member to whom this regulation applies, and who has been discharged, is the amount worked out by treating the member as if he or she were a person mentioned in section 104 of the Act who was a Permanent Forces member immediately before completing his or her last period of full-time service.
Note For subregulations (4) and (5) — a person who has been discharged from the Permanent Forces or the Reserves remains a `declared member' while undertaking career transition assistance.
Normal and actual earnings — former declared member engaged
in paid civilian work before last ceasing to be a member of the Defence Force, who has not undertaken career transition assistance (Act s 175)
who was a declared member; and
who was a declared member when the service injury was sustained or the service disease was contracted; and
who had paid civilian work before last ceasing to be a member of the Defence Force.
assuming, for the application of section 153 of the Act, that the person would have an ADF component of nil; and
working out the number of hours that would be the person's normal weekly hours if the person were an incapacitated person.
Normal earnings for persons who were declared members —
persons not engaged in paid civilian work before last ceasing to be a member of the Defence Force, who did not undertake career transition assistance (Act s
who did not have paid civilian work before last ceasing to be a member of the Defence Force.
(d) working out the amount that would be the person's normal earnings if the person were an incapacitated person; and
(e) working out the number of hours that would be the person's normal weekly hours as follows:
The actual earnings for a week for a member to whom this regulation applies is the amount worked out by treating the member as if he or she were a person mentioned in section 129 of the Act:
Normal and actual earnings — incapacitated former declared
member who undertook career transition assistance (Act s 175)
For section 175 of the Act, this regulation applies to an incapacitated former declared member who has completed a period of career transition assistance who:
was a declared member when the service injury was sustained or the service disease was contracted.
The normal earnings for a week for a member to whom this regulation applies is the amount worked out by treating the member as if he or she were a person mentioned in section 141 of the Act who was a Permanent Forces member immediately before last ceasing to be a member of the Defence Force.
Working out compensation for parts of weeks for declared members
(Act s 196)
Application of the Veterans' Entitlements Regulations
For section 353 of the Act, regulations 2, 8A to 9AL, 9AN, 10 and 12 and Form 3 of the Veterans' Entitlements Regulations 1986 apply, to the extent that they are regulations made for the purposes of the applied provisions specified in section 353, for the purposes of a review by the Board under Chapter 8, Part 4 of the Act.
The regulations apply subject to the modifications set out in the following table.
After `VETERANS' ENTITLEMENTS REGULATIONS' insert `, as applied under regulation 15 of the Military Rehabilitation and Compensation Regulations 2004'
Omit `a decision of the Repatriation Commission' and insert `an original determination under Part 4 of Chapter 8 of the Military Rehabilitation and Compensation Act 2004'
Omit `Veterans' Entitlements Act 1986' and insert `Veterans' Entitlements Act 1986, as applied under section 353 of the Military Rehabilitation and Compensation Act 2004,'
Indexation of pre-CFTS pay and civilian daily earnings
For paragraph 182 (1) (a) of the Act, the index for section 182 of the Act is Total hourly rates of pay excluding bonuses, contained in 6345.0 Wage Cost Index, Australia, published by the Australian Bureau of Statistics, and as in force from time to time.
(2) For paragraph 182 (1) (b) of the Act, the manner of working out an increase in the amount of a person's pre-CFTS pay or civilian daily earnings is:
to assume that the pre-CFTS pay or civilian daily earnings is a dollar amount to be indexed under subsection 404 (1) of the Act; and
to treat the December index number mentioned in section 404 of the Act as the value for `December' in the tables of the index set out in subregulation (1) under the headings `Sector', `Original' and `All Sectors'.
Indexation of $100 in ADF pay
treating a base amount of 100 as being in effect on 31 December 2001; and
applying to the base amount the percentage increases required in each subsequent calendar year in accordance with the ADF Workplace Remuneration Agreement.
for the year ending on 31 December 2002 — to multiply the amount of $100 by the value of 104.55, and divide the result by 100; and
This section does not apply to a serious default or wilful act of a cadet under 16.
This section does not apply to a wilful and false representation of a cadet under 16.
under 18; and
under the supervision of a parent of the cadet, or a responsible adult.
Table of Statutory Rules
in Gazette
R. 19