SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 111 Provisions applicable on death of beneficiary

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 111

  (1)   Subject to this section, where a determination is made that an amount of compensation is payable under this Act to a person and the person dies before the amount is paid, the amount forms part of the estate of the person.

  (2)   Subject to subsections   (2A), (3), (4) and (5), where a relevant authority holds any money or investments for the benefit of a person under this Act and that person dies, that money or those investments form part of the estate of that person.

  (2A)   Subsections   (3) and (4) do not apply in relation to a relevant authority that is:

  (a)   a licensed corporation; or

  (b)   a Comcare subsidiary, in respect of the performance of functions under a contract with a licensed corporation.

  (3)   Where a person referred to in subsection   (1) dies intestate and there is no other person apparently entitled to claim the estate (including that amount of compensation) of that person, subsection   (1) does not apply and, subject to subsection   (5), if the amount of compensation is held by a relevant authority, it shall pay the amount to the Commonwealth.

  (4)   Where a person referred to in subsection   (2) dies intestate and there is no other person apparently entitled to claim the estate (including that money or those investments) of that person, subsection   (2) does not apply and, subject to subsection   (5), the relevant authority shall pay the money, or realise the investments and pay the proceeds of the realisation, as the case may be, to the Commonwealth.

  (5)   Nothing in this section prevents a relevant authority from rendering any provision of this section inoperative in a particular case by making a decision under section   62.