Section 49 of the Return to Work Act 2014 (SA) is paramount over section 42, meaning a worker's weekly payments can be less than the Federal minimum wage where the worker has previously redeemed an entitlement to weekly payments from an earlier injury. The amount deemed to be received under subsection 49(2) is determined objectively — not by reference to any acknowledgment in a redemption agreement — and the [name withheld] (No. 1) line of authority should not be followed on this point. The majority held subsection 49(2) requires an ongoing assessment of what would have been payable at the present time, while [name withheld] held it fixes the amount at the date of redemption continuing indefinitely.
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