Decisión estadística

Division 1

Compensation payable on death

25 Death of worker leaving dependants (cf former s 8 (1))

(1) If death results from an injury, the amount of compensation payable by the employer under this Act shall be:

(a) the amount of $425,000 (the lump sum death benefit), which is to be apportioned among any dependants who are wholly or partly dependent for support on the worker or (if there are no such dependants) paid to the worker’s legal personal representative, and

(b) in addition, an amount of $66.60 per week in respect of:

(i) each dependent child of the worker under the age of 16 years, and

(ii) each dependent child of the worker being a student over the age of 16 years but under the age of 21 years.

(2) Payments in respect of a dependent child under subsection (1) (b) shall continue:

(a) except as provided by paragraph (b)—until the child dies or reaches the age of 16 years, whichever first occurs, or

(b) in the case of a dependent child who is a student at the time of the worker’s death or after reaching the age of 16 years—until the child dies, reaches the age of 21 years or ceases to be a student, whichever first occurs.

(3) The amount of any weekly payments, or other compensation payable under this Act, shall not be deducted from the amounts referred to in subsection (1) (a) or (b).

(4) If an amount mentioned in subsection (1) (a) at any time after the commencement of this Act:

(a) is adjusted by the operation of Division 6, or (b) is adjusted by an amendment of this section,

the compensation payable under subsection (1) (a) is to be calculated by reference to the amount in force at the date of death.

(4A) If the death of a worker results both from an injury received before the adjustment of an amount mentioned in subsection (1) (a) and an injury received after that adjustment, the worker shall, for the purposes of subsection (1) (a), be treated as having died as a result of the injury received after that adjustment.

(5) In this section:

child of the worker means a child or stepchild of the worker and includes a person to whom the worker stood in the place of a parent.

dependent child of the worker means a child of the worker who was wholly or partly dependent for support on the worker.

student means a person receiving full-time education at a school, college or university.

26 Funeral expenses

If compensation is payable under this Division for a death resulting from an injury, the employer must pay additional compensation equal to reasonable funeral expenses not exceeding $9,000 or such other amount as may be prescribed by the regulations.

27, 27A (Repealed)

28 Expenses of transporting body (cf former s 8 (4A))

If compensation is payable under this Division and the usual place of residence of the worker was, at the time of the worker’s death, in Australia, the employer shall pay additional compensation equal to the reasonable cost of transporting the body of the worker to:

(a) what would, in the circumstances, be an appropriate place for its preparation for burial or cremation, or

(b) that usual place of residence, whichever is the lesser cost.

29 Apportionment of payments between dependants (cf former s 59)

(1) The compensation payable under this Division to each dependant of a deceased worker may be apportioned by the Commission or by the NSW Trustee.

(1A) The lump sum death benefit payable under this Division is not to be apportioned if a deceased worker leaves only one dependant (whether wholly or partly dependent on the worker for support) and the whole of the lump sum death benefit is to be paid to that one dependant.

(1B) In apportioning the lump sum death benefit payable under this Division between 2 or more dependants, the whole lump sum death benefit is to be apportioned among those dependants (so that the sum of the apportioned amounts equals the full lump sum death benefit).

(2) Application for apportionment may be made by or on behalf of a person entitled to the compensation:

(b) to the Commission (whether or not an application has been made to the NSW Trustee or the NSW Trustee has made a decision). (3) The NSW Trustee may decline to deal with an application for

apportionment and advise the parties to apply to the Commission. (4) The NSW Trustee is not to deal with an application for apportionment

of compensation if an application for apportionment of the same compensation is before the Commission.

(5) A decision by the NSW Trustee to apportion compensation under this Division is subject to any decision made by the Commission with respect to the matter.

(6) If there are both total and partial dependants of a deceased worker, the compensation may be apportioned partly to the total and partly to the partial dependants.

(7) If a dependant dies:

(a) before a claim under this Division is made, or

(b) if a claim has been made, before an agreement or award has been arrived at or made,

the legal personal representative of the dependant has no right to payment of compensation, and the amount of compensation shall be calculated and apportioned as if that dependant had died before the worker.

(8) The regulations may make provision for or with respect to the publication of applications for apportionment and any other matter connected with apportionment.

30 Review of apportionment among dependants

(1) The Commission or the NSW Trustee may, on account of the variation of the circumstances of the various dependants or for any other sufficient cause, vary any previous apportionment among the dependants of a deceased worker of compensation under this Division. (2) Application for a variation may be made by or on behalf of the person

entitled to compensation to the Commission or the NSW Trustee. (3) The NSW Trustee may apply to the Commission for any such variation

of a previous apportionment made by the NSW Trustee or by the Commission.

(4) The NSW Trustee is not to deal with an application for variation of any previous apportionment if an application for variation of the same previous apportionment is before the Commission.

(5) The NSW Trustee is not to vary an apportionment made by the Commission.

31 Payment in respect of dependent children (cf former s 8 (1A))

(1) Compensation payable under section 25 (1) (b) in respect of a dependent child of a deceased worker shall, unless the Commission otherwise orders:

(a) be paid to the surviving parent of the child concerned, if there is one, or

(b) be paid to the NSW Trustee for the benefit of the child or to any person (approved by the NSW Trustee) having the care or custody of the dependent child, if no such parent survives. (2) If the Commission makes an order under subsection (1), the

compensation is payable in accordance with the order.

32 Payment where no dependants (cf former s 57 (4))

If a deceased worker leaves no dependants, compensation payable under this Division shall be paid to the worker’s legal personal representative or, if there is no such representative, to the person to whom the payment of the expenses for which the compensation is payable is due.

Division 2

Weekly compensation by way of income support