WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 45A

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 45A

45A—Compensation payable on death—lump sums

        (1)         In this section—

"child" means a person who—

            (a)         is under the age of 18 years; or

            (b)         is a full-time student at an educational institution approved by the Corporation for the purposes of this paragraph and is under the age of 26 years; or

            (c)         is, by reason of physical or mental injury, incapable of earning a living;

"dependent child" means a child, including an orphaned child, totally, mainly or partially dependent on the worker's earnings;

"dependent partner" means a spouse or domestic partner totally or mainly dependent on the worker's earnings;

"partially dependent partner" means a spouse or domestic partner who is to any extent dependent on the worker's earnings;

"prescribed sum" means the prescribed sum under section 43

(as at the time of the occurrence of the compensable injury that resulted in the death of the relevant worker and less any amount paid to the relevant worker under section 43

).

        (2)         For the purposes of this section, in determining whether a spouse or domestic partner was wholly or mainly dependent on a worker's earnings at the time of death of the worker or other relevant time, no regard will be had to any money which the spouse or domestic partner had earned or was earning by his or her own personal exertion or to any savings arising from any such earnings.

        (3)         For the purposes of this section, if a worker and the worker's spouse or domestic partner jointly contributed to the support of a dependent child immediately before the occurrence of the compensable injury that resulted in the worker's death, any contribution to the support of the child from the worker's spouse or domestic partner will be disregarded in determining whether the child is a dependant and, if so, the extent of the child's dependency.

        (4)         Subject to this Act, if a worker dies as a result of a compensable injury, compensation in the form of a lump sum is payable in accordance with this section.

        (5)         If the worker leaves a dependent partner, or dependent partners, and no dependent child, the amount of compensation is an amount equal to the prescribed sum payable to the dependent partner or, if there is more than 1, in equal shares to the dependent partners.

        (6)         If the worker leaves no dependent partner and no dependent children other than an orphan child or orphan children, the amount of compensation is an amount equal to the prescribed sum payable to that orphan child or, if there are 2 or more, in equal shares for those children.

        (7)         If the worker leaves a dependent partner, or dependent partners, and 1, and only 1, dependent child, the amount of compensation is—

            (a)         an amount equal to 90% of the prescribed sum payable to the dependent partner or, if more than 1, in equal shares to the dependent partners; and

            (b)         an amount equal to 10% of the prescribed sum payable to the dependent child.

        (8)         If the worker leaves a dependent partner, or dependent partners, and more than 1 and not more than 5 dependent children, the amount of compensation is an amount equal to the prescribed sum payable in the following shares:

            (a)         an amount equal to 5% of the prescribed sum payable to each dependent child;

            (b)         the balance to the dependent partner or, if more than 1, in equal shares to the dependent partners.

        (9)         If the worker leaves a dependent partner, or dependent partners, and more than 5 dependent children, the amount of compensation is an amount equal to the prescribed sum payable in the following shares:

            (a)         an amount equal to 75% of the prescribed sum payable to the dependent partner or, if more than 1, in equal shares to the dependent partners;

            (b)         an amount equal to 25% of the prescribed sum payable to the dependent children in equal shares.

        (10)         If the worker does not leave a dependent partner but leaves a dependent child or dependent children (not taking into account an orphan child or orphan children), that dependent child is, or if more than 1, each of those dependent children are, entitled to the amount of compensation being such share of a sum not exceeding the prescribed sum that the Corporation considers is reasonable and appropriate to the loss to the dependent child or, if more than 1 dependent child, to those dependent children.

        (11)         If the worker leaves—

            (a)         a partially dependent partner or partially dependent partners; and

            (b)         a dependent partner or dependent partners or a dependent child or dependent children or any combination thereof,

each of those dependents is entitled to the amount of compensation being such share of a sum not exceeding the prescribed sum that the Corporation considers is reasonable and appropriate to the loss to that dependent.

        (11a)         If the worker leaves a partially dependent partner or partially dependent partners and no dependent partner and no dependent child, the partially dependent partner, or each of the partially dependent partners, is entitled to the amount of compensation being such share of a sum not exceeding the prescribed sum that the Corporation considers is reasonable and appropriate to the loss of that dependent.

        (12)         If the worker does not leave any dependent partner, dependent child or partially dependent partner but leaves any other person who is to any extent dependent on the worker's earnings, the Corporation may, if it considers it to be justified in the circumstances, pay compensation of a sum not exceeding the prescribed sum that the Corporation considers is reasonable and appropriate to the loss to that person (and if the Corporation decides to make a payment of compensation to more than 1 person under this subsection then the sums paid must not in total exceed the prescribed sum).

        (13)         If the worker, being under the age of 21 years at the time of the compensable injury, leaves no dependent partner, dependent child or partially dependent partner but, immediately before the injury, was contributing to the maintenance of the home of the members of his or her family, the members of his or her family are taken to be dependents of the worker partly dependent on the worker's earnings.

        (14)         If a person who is entitled to a payment under this section is under the age of 18 years, the payment may, if the Corporation so determines, be made wholly or in part to a guardian or trustee for the benefit of that person.

        (15)         A claimant is entitled to interest at the prescribed rate on an amount of compensation payable under this section in respect of the period beginning on the date the claim for compensation was lodged in accordance with this Act and ending on the date of the payment.

        (16)         Compensation is payable, if the Corporation so decides, to a spouse or domestic partner or child of a deceased worker who, although not dependent on the worker at the time of the worker's death, suffers a change of circumstances that may, if the worker had survived, have resulted in the spouse or domestic partner or child becoming dependent on the worker.