(1) Adjustments under regulations 6, 7, and 8 apply only to weekly compensation paid or payable for a specified period.

(2) Despite subclause (1), adjustments under regulations 6, 7, and 8 may be made to weekly compensation that relates to a period that occurs on or after the date that is 6 days earlier than the date of indexation.

(3) Additionally, an adjustment under regulation 6 may be made only if the weekly compensation has been paid or is payable—

• (a) for the 26-week period before the date of indexation; or

• (b) for no fewer than 26 weeks or part weeks of the 52-week period before the date of indexation.

Regulations 6, 7, and 8, which provide for indexation of weekly compensation, are subject to regulations 10 to 14, which relate to abatement of weekly compensation.

(1) Payments of weekly compensation based on weekly earnings, other than weekly compensation based on minimum amounts, must be adjusted in accordance with the formula set out in regulation 9(1).

(2) Weekly compensation payable under sections 287 and 302C of the Act (to persons who elect to purchase cover) must also be adjusted in accordance with the formula set out in regulation 9(1).

Weekly compensation based on the following amounts must be adjusted in accordance with the formula set out in regulation 9(1):

• (a) the minimum amounts for persons aged 20 years and over provided for under clauses 13(a), 15(3)(a), 18(2)(a), 18(2)(b)(ii), 22(3)(a), and 22(3)(b)(ii) of Schedule 1 of the Act:

• (b) the equivalent amounts under the former Act of any of those amounts.

(1) Weekly compensation based on the following amounts must be adjusted in accordance with the formula set out in regulation 9(1):

• (a) the minimum amounts for persons aged under 20 years provided for under clauses 15(3)(b) and 18(2)(b)(i) of Schedule 1 of the Act:

• (b) the equivalent amounts under the former Act of any of those amounts:

• (c) the equivalent amount under the former Act of the amount provided for under clause 22(3)(b)(i) of Schedule 1 of the Act.

(2) For weekly compensation based on the minimum amount provided for under clause 22(3)(b)(i) of Schedule 1 of the Act, the formula in regulation 9(1) applies as if the amount of item a were 80% of $222.01.

(1) The formula for calculation of an adjustment under regulations 6, 7, and 8 is—

(2) The number resulting from dividing item b by item c must be rounded up or down to 4 decimal places (with .00005 or greater being rounded up).

The adjustment under regulations 6, 7, and 8 of weekly compensation that is subject to abatement under clause 24 of Schedule 1 of the Act is determined by—

• (a) adjusting the appropriate unabated amount of weekly compensation in accordance with regulation 11; and

• (b) adjusting the following amounts in accordance with regulation 12 (as required by clause 23(4) and (5) of Schedule 1 of the Act):

  • (i) the amount of the weekly earnings referred to in item b of the formula in clause 23(4) of Schedule 1 of the Act:

  • (ii) the amount of a person's earnings (including weekly compensation) immediately before his or her incapacity commenced, as referred to in clause 24(2) of Schedule 1 of the Act; and

• (c) applying the provisions of clause 24 of Schedule 1 of the Act in accordance with regulation 13.

The amount of weekly compensation to which a person would be entitled but for an abatement under clause 24 of Schedule 1 of the Act (or the equivalent abatement under the former Act) must be adjusted first under whichever is relevant of regulations 6, 7, and 8.

The amounts referred to in regulation 10(b) must also be adjusted as at the date of indexation in accordance with the formula in regulation 9(1) (subject to regulation 4(3), if appropriate, if the person's weekly compensation is not compensation based on minimum amounts), as if item a of the formula referred to those earnings rather than to weekly compensation.

Clause 24 of Schedule 1 of the Act then applies—

• (a) after the adjustments under regulations 11 and 12 are made; and

• (b) after the weekly amounts referred to in clause 24 of Schedule 1 are adjusted in accordance with regulation 15.

To avoid doubt, for a person with abated compensation who has a subsequent injury,—

• (a) the “80% of his or her earnings at the time of the subsequent injury” referred to in clause 24(4)(b) of Schedule 1 of the Act is itself weekly compensation that may be subject to adjustment under whichever is relevant of regulations 6, 7, and 8; and

• (b) in applying regulation 4(3), weekly compensation referred to in that regulation must be treated as separate from the weekly compensation for the previous personal injury.

(1) The following amounts must be adjusted on the date of indexation in accordance with the formula in regulation 16(1):

• (a) the minimum amounts for persons aged under 20 years provided for under clauses 15(3)(b), 18(1)(b)(ii), and 18(2)(b)(i) of Schedule 1 of the Act:

• (b) the weekly amounts provided for under clause 24(1) of Schedule 1 of the Act:

• (c) the weekly amounts under paragraphs (e)(i) and (e)(ii) of the definition of potential earner in section 13 of the Act:

• (d) the minimum amounts for persons aged 20 years and over under clauses 13(a), 15(3)(a), 18(1)(b)(i), 18(2)(a), 18(2)(b)(ii), 22(3)(a), and 22(3)(b)(ii) of Schedule 1 of the Act:

• (e) the annual amount provided for under paragraph (b) of the definition of other dependant in section 13 of the Act:

• (f) the annual amount provided for under clause 71(4) of Schedule 1 of the Act.

(2) For the minimum amount provided for under clause 22(3)(b)(i) of Schedule 1 of the Act, the formula in regulation 16(1) applies as if the amount of item a were $222.01.

(1) The formula for calculation of an adjustment under regulation 15(1) is—

(2) The number resulting from dividing item b by item c must be rounded up or down to 4 decimal places (with .00005 or greater being rounded up).

(1) An adjustment under regulation 15 to the annual amount provided for under paragraph (b) of the definition of other dependant in section 13 of the Act applies in respect of a death occurring on or after the date of indexation.

(2) An adjustment under regulation 15 to the minimum amounts provided for under clause 15(3)(a) and (b) of Schedule 1 of the Act, or to the weekly amounts provided for under clause 24(1) of that schedule, applies in respect of a period of incapacity occurring on or after the date of indexation.

(3) An adjustment under regulation 15 to the minimum amounts under clause 18(1)(b) and (2)(b) of Schedule 1 of the Act,—

• (a) for the purposes of section 317(4) of the Act (which relates to advances of weekly compensation), applies to any payments made under that section on or after the date of indexation:

• (b) for any other purpose, applies in respect of a period of incapacity occurring on or after the date of indexation.

(4) An adjustment under regulation 15 to the weekly amounts under clause 22 of Schedule 1 of the Act applies in respect of a period of entitlement that occurs on or after the date of indexation.

(5) An adjustment under regulation 15 to the annual amount under clause 71 of Schedule 1 of the Act applies on and after the date of indexation.

(6) This regulation is subject to regulation 4, if appropriate.

(1) The following amounts must be adjusted in accordance with the formula set out in regulation 20:

• (a) the amount of the independence allowance provided for in clause 62 of Schedule 1 of the Act:

• (b) the equivalent amount under the former Act, including any independence allowance referred to in section 441(3)(b) of the Act.

(2) An adjustment under this regulation must be made only to compensation—

• (a) paid or payable on or after the date of indexation; and

• (b) that relates to a period of impairment occurring on or after the date of indexation.

(1) The following amounts must be adjusted in accordance with the formula set out in regulation 20:

• (a) the amount of the funeral grant provided for under clause 65(1)(b) of Schedule 1 of the Act:

• (b) the survivor's grant provided for under clause 66 of that schedule.

(2) An adjustment under this regulation must be made only to compensation—

• (a) paid or payable on or after the date of indexation; and

• (b) in respect of a person whose death occurs on or after the date of indexation.

(1) The formula for calculation of an adjustment under regulations 18 and 19 is—

where—

• a is the amount of the independence allowance, funeral grant, or survivor's grant (as the case may be) at the date of indexation, before the amount is adjusted

• b is the CPI figure for the March quarter immediately prior to the date of indexation

• c is the CPI figure for the March quarter prior to the quarter referred to in item b.

(2) The number resulting from dividing item b by item c must be rounded up or down to 4 decimal places (with .00005 or greater being rounded up).

Despite anything in these regulations, no indexation adjustment must be made under these regulations if the movement in the Labour Cost Index or CPI, expressed as a percentage (to be used in the formulas in regulations 9, 16, and 20), is between minus 0.5% and plus 0.5%.

The result of any adjustment arising from a calculation under these regulations must be rounded to the nearest cent as follows:

• (a) an amount of less than 0.5 cents must be rounded down:

• (b) an amount of 0.5 cents or more than 0.5 cents must be rounded up.