This page is an educational summary for professionals working with AI. It is not the law and not legal advice. Always work from the current authoritative text linked below.
What does section 19 of the SRC Act do?
Section 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), current compilation on the Federal Register of Legislation, sets weekly compensation for employees incapacitated by injury. During maximum rate compensation weeks it pays normal weekly earnings (NWE) minus AE, the greater of what the employee can earn in suitable employment and what they actually earn (section 19(2)).
Who does it bind?
Comcare, or a licensee authorised under Part VIII to accept liability, pays. Section 19 applies to incapacitated employees other than those covered by sections 20, 21, 21A or 22 (superannuation pension or lump sum recipients, and employees maintained in hospital).
What do practitioners get wrong?
Describing the structure as "45 weeks at full rate, then 75 per cent". The section 19(2A) trigger is hours-based: maximum rate weeks continue until cumulative hours prevented from working exceed 45 times normal weekly hours, so partial incapacity stretches the pool. And AE is not just actual earnings: section 19(4) requires regard to deemed earnings where suitable employment was refused or not sought.
Where does AI use touch it?
Section 19 calculations turn on earnings evidence and certificate periods. See building a normal weekly earnings evidence pack with AI and an incapacity cross-check workflow. Backdated-period reconciliation stays a human-verified task.
Bottom line
Section 19 pays NWE minus ability to earn until the 45-times-weekly-hours pool is exhausted, then steps down to adjustment percentages between 75 and 100 per cent. The mechanics are hours-based and evidence-heavy, so the inputs deserve as much scrutiny as the formula.
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