New South Wales Consolidated Acts New South Wales Consolidated Acts(cf former s 9 (1), (4))
(1) The weekly payment of compensation to an injured worker in respect of any period of total incapacity for work (not being a period during the first 26 weeks of incapacity) shall be:(a) 90 per cent of the worker’s average weekly earnings, except that:(i) the payment shall not exceed $235.20 per week,(ii) in the case of a worker who is over 21 years of age at the time of payment-the payment shall not be less than $187.10 per week, and(iii) in the case of a worker whose average weekly earnings do not exceed $170 per week-the payment shall be 100 per cent of those earnings or $153, whichever is the lesser amount,(b) in addition, $62 per week in respect of:(i) a dependent wife or dependent husband of the worker, or(ii) if there is no dependent wife or dependent husband at any time during which weekly payments are payable-any one dependent de facto spouse or other family member of the worker, and(c) in addition:(i) in respect of the dependent children of the worker, the following amounts per week:
No of dependent children Additional amount per week 1 dependent child $44.30 2 dependent children $99.10 3 dependent children $164.16 4 dependent children $230.90 5 or more dependent children $230.90 plus $66.60 for each child in excess of 4 (ii) if there are no dependent children at any time during which weekly payments are payable-in respect of the dependent brothers and sisters of the worker, the same amounts per week as are payable under subparagraph (i) in respect of dependent children of the worker.
(1A) Despite subsection (1), for a maximum of 26 weeks the weekly payment of compensation to an injured worker in respect of any period of total incapacity for work (whether the period is during or after, or partly during and partly after, the first 26 weeks of incapacity) is the amount specified in section 36. This subsection applies even if the injury concerned resulted in any period of partial incapacity for work in respect of which the worker received or receives weekly payments of compensation.
(2) The total weekly payment under subsection (1) shall not exceed the worker’s current weekly wage rate determined from time to time in accordance with section 42.
(3) A weekly payment made under this section in respect of a dependent wife, husband, de facto spouse or other family member, child, brother or sister is payable only during the period of dependency.
(4) For the purposes of this section, a person is a dependent wife, husband, de facto spouse or other family member, child, brother or sister in relation to a worker if the person is totally or mainly dependent for support on the worker at the date compensation becomes payable to the worker or (whether married to the worker or born before or after that date) becomes so dependent after that date.
(5) A person is not precluded from being totally or mainly dependent for support on a worker merely because:(a) in the case of a child-a payment is made in respect of the child under the Social Security Act 1991 of the Commonwealth, or(b) in the case of a de facto spouse or other family member-the worker pays wages to the person for the performance of domestic services for the worker.
(6) A husband, wife or de facto spouse or other family member of the worker who, at the time of the injury to the worker:(a) was employed, and(b) was not totally or mainly dependent for support on the worker merely because of earnings from that employment,shall be regarded as being so dependent at the time of the injury if the Commission is satisfied that the person left that employment for the purpose of caring for the worker.
(6A) If an amount mentioned in subsection (1):(a) is adjusted by the operation of Division 6, or(b) is adjusted by an amendment of this section,the weekly payment of compensation applicable to a worker injured before the date on which the adjustment takes effect is, for any period of total incapacity for work occurring on and after that date (not being a period during the first 26 weeks of incapacity), to be determined by reference to that amount as so adjusted.
(6B) Such an adjustment does not apply to the extent that the liability to make weekly payments of compensation in respect of any such period of incapacity has been commuted.
(7) In this section:
"appropriate period", for the purposes of the calculation of “average weekly earnings” in relation to a worker, means the period of 12 months or, if the worker has been employed with the employer concerned for less than 12 months at the time of the injury, that lesser period.
"average weekly earnings", in relation to a worker, means the average weekly earnings of the worker determined in accordance with section 43 during the appropriate period before whichever of the following times produces the higher average weekly earnings:(a) the time of the injury concerned,(b) the time at which the relevant weekly payment of compensation is due,with the determination under paragraph (b) made on the assumption that the worker had been earning the wage or salary which the worker would probably have been earning if the worker had remained uninjured and continued to be employed in the same or some comparable employment.
"brother" or "sister", in relation to a worker, means a brother or sister of the worker who is:(a) under the age of 16 years, or(b) a student,but does not include a person in respect of whom a weekly payment is being made under subsection (1) (b) (ii).
"child", in relation to a worker, means:(a) child or stepchild of the worker who is under the age of 16 years,(b) a person under the age of 16 years to whom the worker stands in the place of a parent, or(c) a student who is a child or stepchild of the worker or is a person to whom the worker stands in the place of a parent."de facto spouse or other family member", in relation to a worker, means a person who:(a) in relation to:(i) an injury received before the commencement of Schedule 5 [2] to the Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998 -although not legally married to the worker, lives with the worker as the worker’s husband or wife on a permanent and genuine domestic basis, or(ii) an injury received after that commencement-is the other party to a de facto relationship with the worker, or(b) is the worker’s father, mother, grandfather, grandmother, stepfather, stepmother, grandson, grand-daughter, brother, sister, half-brother or half-sister and is over the age of 16 years, or(c) is over the age of 21 years and is caring for any child of the worker."student" means a person of or over the age of 16 years but under the age of 21 years who is receiving full-time education at a school, college or university.