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WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 68 Dependency questions and apportionment

WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 68

Dependency questions and apportionment

(1)  In default of agreement as to who are the dependants of a deceased worker or the amount to be paid to each dependant –
(a) a dependant, or a person on behalf of a dependant, or a person claiming to be a dependant, of the deceased worker;
(b) the employer of the deceased worker; or
(c) the licensed insurer of the employer –
may refer the matter to the Tribunal for determination as to who are the dependants of the deceased worker or the amount to be paid to each dependant.
(2)  Where, upon hearing the matter referred to it under subsection (1) , the Tribunal is satisfied that a deceased worker has left either total or partial dependants or both total and partial dependants, the Tribunal may determine that the compensation payable under this Act in respect of the deceased worker shall be apportioned, in accordance with the provisions of the determination –
(a) partly between the total dependants;
(b) partly between the partial dependants; or
(c) partly between both the total and partial dependants.