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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3479 ..

4 CPI means the All Groups Consumer Price Index (Canberra) issued by the ABS.

Note In June 2001, this was series 6401.0.

5 cpi indexed , for an amount, means the amount as adjusted in line with any adjustment in the CPI since the commencement of the provision in which the amount appears.

Note  AWE and ABS are defined in the dict.

(2) However, if an amount to be awe indexed or cpi indexed would, if adjusted in line with the adjustment (the negative adjustment ) to the AWE or CPI, become smaller, the amount is not reduced in line with the negative adjustment.

(3) An amount that, in accordance with subsection (2), is not reduced may be increased in line with an adjustment in the AWE or CPI that would increase the amount only to the extent that the increase, or part of the increase, is not one that would cancel out the effect of the negative adjustment.

(4) Subsection (3) does not apply to a negative adjustment once the effect of the negative adjustment has been offset against an increase in line with an adjustment in the AWE or CPI.

Example of adjustments

There is a 20% increase in the CPI after the section commences. The amount in the section becomes $120 (100 + 20%).

There is then a 10% drop in the CPI. The amount does not change from $120 (although if it had changed it would be $108).

There is a 20% increase in the CPI. The 20% increase is not to the $120, but to the $108. $108 + 20% = $129.60. So the $120 becomes $129.60. This is the amount ($120) increased by so much of the 20% increase that did not cancel out the effect of the adjustment down to $108.

5H Working out average pre-incapacity weekly earnings for non-contractor (SA WRC s 4)

(1) In working out average pre-incapacity weekly earnings for a worker who is not a contractor-

(a) if the worker was, immediately before the injury, employed by 2 or more employers-the worker's earnings from all employment must be taken into account; and

(b) the actual weekly earnings of the worker may be taken into account over-

(i) a period of 1 year before the injury; or

(ii) if the worker has not been employed for 1 year-the period of employment.

(2) However, if it is not possible to work out fair average pre-incapacity weekly earnings for the worker under subsection (1) because the worker has only been employed for a short time, because of the terms of the worker's employment or for some other reason, the worker's average pre-incapacity weekly earnings may be worked out by reference to the average weekly amount being earned by-

(a) others in the same employment who perform similar work at the same grade as the worker; or

(b) if there is no-one mentioned in paragraph (a) in the same employment-others in the same class of employment as the worker, who perform similar work at the same grade as the worker.

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