New South Wales Consolidated Acts

WORKERS COMPENSATION (BUSH FIRE, EMERGENCY AND RESCUE SERVICES) ACT 1987 - SECT 11

11 Provisions relating to compensation for injury or death

(1) This section applies to compensation payable under section 10.

(2) If death results from the injury, the compensation prescribed by section 25 (1) (a) of the Principal Act is payable even if the fire fighter left no dependants or left only dependants in part dependent for support on the fire fighter.

(3) If the fire fighter left no dependants, the compensation payable under subsection (2) is payable to the legal personal representative of the fire fighter.

(4) The compensation payable under subsection (2) to each dependant of a fire fighter may be apportioned by the Authority.

(4A) The compensation payable under subsection (2) is not to be apportioned if a fire fighter leaves only one dependant (whether wholly or partly dependent on the fire fighter for support) and the whole of the compensation payable under subsection (2) is to be paid to that one dependant.

(4B) In apportioning the compensation payable under subsection (2) between 2 or more dependants, the whole of the amount payable is to be apportioned among those dependants (so that the sum of the apportioned amounts equals the full amount of the compensation payable under subsection (2)).

(5) In determining the weekly payments of compensation payable to a fire fighter, the fire fighter’s current weekly wage rate (if less than the fire fighter’s average weekly earnings) shall be increased by the amount of the difference.

(6) In determining the weekly payments of compensation payable to a fire fighter:

(a) the maximum weekly payment prescribed by section 35 of the Principal Act does not apply, and

(b) section 40 of the Principal Act (weekly payment during partial incapacity) shall be construed as if the words “but not exceeding $1,000” were omitted from that section.

(7) If a fire fighter was not working under a contract of service at the time the fire fighter received the injury, the fire fighter’s “average weekly earnings” or “current weekly wage rate” for the purposes of this Part shall be such amount as the Authority considers is fair and reasonable in the circumstances.

(8) Compensation payable to a fire fighter or other person under this Part shall be reduced by such amount as the fire fighter or other person is entitled to or has received as compensation in respect of the same injury under Part 3 of this Act or under any provisions of the Principal Act, or under any Act or ordinance relating to workers’ compensation of any State or Territory of the Commonwealth.