Federal Register of Legislation - Australian Government

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SLI 2008 No. 126 Regulations as made
These Regulations amend the Safety, Rehabilitation and Compensation Regulations 2002 to prescribe the Wage Price Index as the index to be used in the calculation of an injured employee's Normal Weekley Earnings, where the person has left the employment or, in the case of a current employee, where no other provision may be used to increase their normal weekly earnings.
Administered by: Education, Employment and Workplace Relations
Registered 26 Jun 2008
Tabling HistoryDate
Tabled HR26-Aug-2008
Tabled Senate26-Aug-2008
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014

Safety, Rehabilitation and Compensation Amendment Regulations 2008 (No. 2)1

Select Legislative Instrument 2008 No. 126

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Safety, Rehabilitation and Compensation Act 1988.

Dated 24 June 2008

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

JULIA GILLARD


1              Name of Regulations

                These Regulations are the Safety, Rehabilitation and Compensation Amendment Regulations 2008 (No. 2).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Safety, Rehabilitation and Compensation Regulations 2002

                Schedule 1 amends the Safety, Rehabilitation and Compensation Regulations 2002.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 5, heading

substitute

5              Index — annual increase in normal weekly earnings after cessation of employment

[2]           Regulation 5

omit

Wage Cost Index

insert

Wage Price Index

[3]           Regulation 6, heading

substitute

6              Manner of calculating annual increase — indexation after cessation of employment

[4]           After regulation 6

insert

6A           Index — annual increase in normal weekly earnings in certain other cases

                For subsection 8 (9F) of the Act, the Wage Price Index, Australia (Total hourly rates of pay — excluding bonuses/all Australia/all industries/all occupations) published by the Australian Bureau of Statistics is prescribed.

6B           Manner of calculating annual increase — indexation in certain other cases

                For subsection 8 (9G) of the Act, the further increase in normal weekly earnings mentioned in subsection 8 (9F) is the amount (if any) calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the formula:

                where:

F is the greater of the following:

                (a)    the number calculated, to 4 decimal places and rounded up to 3 decimal places, by dividing the index number by the previous index number;

               (b)    1.000.

index number is the index number of the index mentioned in regulation 6A for the quarter that ended on 31 December in the year immediately before the indexation date.

PE is the normal weekly earnings that applied immediately before the indexation date.

previous index number is the index number of the index mentioned in regulation 6A for the quarter that ended on 31 December in the previous year.

Note   Under the formula above, there will be a further increase in normal weekly earnings only if F is greater than 1.000.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.