Partners of workers who died between 1 July 2008 and 1 July 2015 are not entitled to lump sum compensation under s 61 of the RTW Act as of right. Their only avenue is to apply for an ex gratia payment under clause 45(1) of Schedule 9, which is in the Corporation's absolute discretion and not reviewable. The traditional approach of construing workers' compensation legislation beneficially in favour of claimants is qualified by the express objects of the RTW Act in s 3, which mandate a balanced approach between the interests of workers and employers.
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