Earner (Definition of)

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earner means:

A person who is injured or dies in or as a result of a transport accident is an earner for the purposes of this Act if the person is at least 15 years of age or is exempt under section 2.1.5 of the Education and Training Reform Act 2006 from attendance at school and is a person in respect of whom a permit has been granted under section 16 of the Child Employment Act 2003 and—

(a) was in full-time or part-time employment as an employed or self-employed person—

(i) at any time during the eight weeks immediately preceding the accident; or

(ii) during a period or periods equal to at least 13 weeks during the year immediately preceding the accident; or

(iii) during a period or periods equal to at least 26 weeks during the two years immediately preceding the accident—

and, at the date of the accident, had not retired permanently from all employment; or

(b) before the accident, had entered into an arrangement (whether or not an enforceable contract)—

(i) with an employer or other person to undertake employment; or

(ii) to commence business as a self-employed person—

at a particular time and place; or

(c) was receiving a weekly payment or other payment in respect of the loss of earnings under this Act, the Accident Compensation Act 1985 (Workplace Injury, Rehabilitation and Compensation Act 2013 from 1 July 2014) or a law referred to in section 37(1).

 

For sections 57 and 58, an earner also includes a person who —

(a) receives or received the newstart allowance, the job search allowance or the sickness allowance under the Commonwealth Social Security Act 1991; or

(b) receives or received any benefit or allowance under the Commonwealth Social Security Act 1991 which is prescribed for the purposes of this definition—

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during a period or periods equal to at least 26 weeks during the 2 years immediately preceding the transport accident;