Commonwealth Consolidated Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 15

             (1)  For the purposes of this Act, a person is taken to have been wholly or partly dependent on an employee at the date of the employee's death if the person would have been so dependent apart from an incapacity of the employee that resulted from an injury.

             (2)  For the purposes of this Act, a person who, immediately before the date of an employee's death, lived with the employee and was:

                     (a)  the employee's spouse; or

                     (b)  a prescribed child of the employee;

is taken to be a person who was wholly dependent on the employee at that date.

             (3)  For the purposes of this Act, other than subsection 29(5), a child of a deceased employee who was born alive after the employee's death must be treated as if he or she had been born immediately before the employee's death and was wholly dependent on the employee at the date of the employee's death.

             (4)  In determining, for the purposes of this Act, whether a child is or was dependent on an employee, the following are not to be taken into account:

                     (a)  family tax benefit calculated under Part 2 or 3 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (an individual's Part A rate);

                     (b)  an amount of carer allowance under the Social Security Act 1991 ;

                     (c)  an amount of double orphan pension under the Social Security Act 1991 .