SPORTING INJURIES INSURANCE ACT 1978 - SECT 26
Payment of benefits for death
SPORTING INJURIES INSURANCE ACT 1978 - SECT 26
Payment of benefits for death
26 Payment of benefits for death
(1) In this section:
"child" , in relation to a deceased person, means a person:
(a) who is a child
or stepchild of the deceased person, or
(b) to whom the deceased person stood
in loco parentis immediately before death,
and who is under the age of 16
years or who is of or above that age but under the age of 21 years and is a
person receiving full time education at a school, college or university.
"dependant" , in relation to a deceased person, means a child or spouse of the
deceased person.
"spouse" of a deceased person includes a de facto partner of the deceased
person at the time of his or her death.
(a) of or above the age of 18 years, shall
pay $70,680 and an additional $2,850 in respect of each child, if any, of the
deceased person who was, in the opinion of the Authority, wholly or partly
dependent for support upon the deceased person immediately before the person's
death, or
(b) under the age of 18 years and had at least 1 dependant who was,
in the opinion of the Authority, wholly or partly dependent for support upon
the deceased person immediately before the person's death, may pay an amount
not exceeding the amount that would be payable under paragraph (a) if the
deceased person had died after attaining the age of 18 years.
(2A) Subject to
subsection (4), where:
(a) an application under section 19 (2) has been duly
made with respect to the death of a person:
(b) the person
had at least 1 dependant who was, in the opinion of the Authority, wholly or
partly dependent for support upon the deceased person immediately before the
death occurred,
the Authority may pay an amount not exceeding the total of
$70,680 and an additional $2,850 in respect of each child, if any, of the
deceased person who was, in the opinion of the Authority, wholly or partly
dependent for support upon the deceased person immediately before the death
occurred.
(3) Any amount paid under subsection (2) (a) or (b) or (2A) shall
be paid to the legal personal representative of the deceased person in respect
of whom it is paid and shall form part of the deceased person's estate.
(4)
Notwithstanding any other provision of this section or section 25, the maximum
amount payable under this section and section 25 in respect of all injuries
suffered by a person as a consequence of a single incident and the death of
the person as a consequence of those injuries is:
(i) the amount
payable under subsection (2) (a) in respect of the death of the person, or
(ii) the maximum amount payable under subsection (2) (b) in respect of the
death of the person,
as the case may be,
(b) if the person was an
enrolled student participant of a school or an enrolled participant of the
Department when the incident occurred and died when, or within 3 months after,
the incident occurred--the maximum amount payable under subsection (2A) in
respect of the death of the person, or