Meaning of pre-injury weekly income—ongoing employee or fixed term contractor
81 Meaning of pre-injury weekly income—ongoing employee or fixed term contractor
In this Act:
pre-injury weekly income, for an ongoing employee or fixed term contractor, means—
the average weekly amount of the sum of the following amounts from all paid work undertaken by the person in the 52 weeks immediately before the date of the motor accident:
the person’s gross income as an employee;
the person’s net income as a self-employed person; or
if the person had a recent change in employment circumstances—the average weekly amount of the person’s gross income for the period—
starting on the date of the change; and
ending on the day before the date of the motor accident.
In this section:
eligible fixed term contractor means a fixed term contractor who, at the time of the motor accident, had at least 26 weeks remaining on their contract.
ongoing employee or fixed term contractor means a person injured in a motor accident who was, on the date of the motor accident engaged in ongoing employment or under a fixed term contract.
recent change in employment circumstances, for an ongoing employee or eligible fixed term contractor, means a change that—
happened during the 52 weeks immediately before the date of the motor accident; and
was a significant change in the person’s employment circumstances that resulted in the person regularly earning, or becoming entitled to earn, more on a weekly basis.
Examples—significant change
1 the person started work with a new employer
2 the person returned to work following unpaid leave of at least 8 weeks
3 the person increased their normal number of hours of work
4 the person received an increase in income based on the person’s work performance
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