Victorian Consolidated Legislation

Coal Mines (Pensions) Act 1958 - SECT 107

Pension payable to dependants4

107. Pension payable to dependants4



(1) Upon the death of-

   (a)  a person who has been awarded or who was eligible to receive a
        disablement pension or a retiring pension; or

   (b)  a mine worker whose death has been found to have been due to injury
        (not being an intentional self-inflicted injury)-

the widow of such person or mine worker or the female in respect of whom such
person or mine worker if he had remained alive and been granted a pension
would have been entitled to an additional payment shall be eligible for a
pension of $102.30 per week until the death re-marriage or marriage of such
widow or female, as the case may be, and the persons referred to in paragraph
(b) of section one hundred and six of this Act shall also be eligible for
pensions of an amount equal to the amount referred to in that paragraph and
for the period specified in that paragraph.

(1A) Where the death of a mine worker has occurred on or after the eighth day
of December One thousand nine hundred and sixty-two or occurs after the
commencement of the Coal Mines (Amendment) Act 1963 the widow of that mine
worker or the female in respect of whom such mine worker if he had remained
alive and been granted a pension would have been entitled to an additional
payment shall be eligible for a pension of $102.30 per week from the date of
the death of the mine worker (whether the death occurred before or after the
commencement of the Coal Mines (Amendment) Act 1963) until the death
remarriage or marriage of such widow or female, as the case may be:

Provided that the pension payable to any such widow or female in respect of
any period prior to the fourth day of October One thousand nine hundred and
sixty-three shall be at the rate of $11.75 per week.

(2) If a mine worker dies leaving dependants and no pension is payable to any
of such dependants under the foregoing provisions of this Division a refund of
the contributions to the fund made by the mine worker shall be made to the
personal representative of such mine worker.

(3) Except as provided in this section no person who is eligible for a pension
under subsection (1) of this section (in this section hereinafter referred to
as a "dependant"), shall be entitled to a pension under this Act as well as
compensation under the Workers Compensation Act 1958 or the
Accident Compensation Act 1985 (as the case requires) or damages received or
recovered independently of that Act in respect of the death of the mine
worker.

(4) Where either before or after the commencement of this Act the mine worker
upon whose death the dependant is eligible for a pension had during his
lifetime made a claim against his employer for compensation under the
Workers Compensation Act 1958 or a claim under the
Accident Compensation Act 1985 (as the case requires) in respect of the injury
or where, either before or after the commencement of this Act, the dependant
has received or is in receipt of or would, upon application, be entitled to
compensation under that Act in respect of the death of the mine worker, the
following provisions shall have effect-

   (a)  where the mine worker had received an amount of compensation for any
        injury mentioned in the Table referred to in section eleven of the
        Workers Compensation Act 1958 or in section 98 of the
        Accident Compensation Act 1985 (as the case requires), or a lump sum
        in redemption of weekly payments the disqualification under subsection
        (3) of this section shall cease to have effect on the expiration of a
        period of weeks ascertained by dividing-

   (i)  the total amount of such compensation; or

   (ii) such lump sum together with all amounts received by way of weekly
        payments of compensation in respect of the same injury-

(as the case may be) by such weekly rate as the Governor in Council from time
to time determines.

   (b)  where the amount of compensation payable under the
        Workers Compensation Act 1958 or the Accident Compensation Act 1985
        (as the case requires) in respect of the death of the mine worker had
        before the appointed day within the meaning of the
        Accident Compensation Act 1985 been paid into the custody of the
        Workers Compensation Board or has after that day been paid to the
        Accident Compensation Tribunal under the
        Accident Compensation Act 1985 for administration under the
        Workers Compensation Act 1958 or the Accident Compensation Act 1985
        (as the case requires) the disqualification under subsection (3) of
        this section shall cease to have effect on the expiration of a period
        of weeks ascertained by dividing
the total amount of such compensation by such weekly rate as the Governor in
Council from time to time determines.

   (c)  where the dependants or any of them who are eligible for pensions
        would, upon application, be entitled to compensation under the
        Workers Compensation Act 1958 or the Accident Compensation Act 1985
        (as the case requires) the disqualification under subsection (3) of
        this section shall continue until such time as the application is
        made, and thereafter until such disqualification ceases to have effect
        pursuant to paragraph (b) of this subsection.

Nothing in this paragraph shall be construed as disqualifying the dependants
or any of them from receiving a pension by reason only of the fact that
proceedings in respect of the death of the mine worker have been taken
independently of the Workers Compensation Act 1958 or the
Accident Compensation Act 1985 (as the case requires).

(5) Where either before or after the commencement of this Act-

   (a)  the mine worker upon whose death the dependant is eligible for a
        pension has, in his lifetime, received or recovered damages from his
        employer independently of the Workers Compensation Act 1958 or
        received or recovered damages independently of the
        Accident Compensation Act 1985 (as the case requires) in respect of
        the injury; or

   (b)  the dependant has received or recovered or receives or recovers
        damages independently of that Act in respect of the death of the mine
        worker-

the disqualification under subsection (3) of this section shall have effect
until the expiration of a period to be determined in accordance with
regulations made in that behalf. Such regulations shall as far as practicable
apply to and in respect of such damages the like principles as under
subsection (4) of this section are applicable to and in respect of
compensation. Without prejudice to the generality of the power to make
regulations, the regulations made in relation to the matters referred to in
this subsection may prescribe conditions subject to which such principles
shall be so applied and may provide that part only of the amount of such
damages is to be taken into account for the purposes of such regulations and
in such case shall prescribe such part or the manner of ascertaining the same.

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