Corrections Management Regulation 2010

This section applies to the death of an injured person for which compensation is payable under this part.

The dependants of the injured person are entitled to the following:

a single lump sum payment to be divided between the dependants equal to the amount that would be payable under the Workers Compensation Act 1951, section 77 (2) (a) if compensation were payable for the death under that Act;

for each dependant who is a child—weekly compensation equal to the amount that would be payable under the Workers Compensation Act 1951, section 77 (2) (b) if compensation were payable for the death under that Act;

the funeral expenses of the injured person to a maximum of the amount that would be payable under the Workers Compensation Act 1951, section 77 (2) (c) if compensation were payable for the death under that Act.

In working out for this part whether or not a child is, or was, dependent on the earnings of the injured person, any family tax benefit within the meaning of the A New Tax System (Family Assistance) Act 1999 (Cwlth), section 3 (definitions) in relation to the child must be disregarded.

A dependant may apply to the ACAT to divide the lump sum payment under subsection (2) (a).

On application by a dependant, the ACAT may divide the lump sum payment under subsection (2) (a) between the dependants as the ACAT considers appropriate.

Compensation under subsection (2) (b) is payable only while the person receiving it is a child.

If the injured person did not have dependants, the personal representative of the person is entitled to a maximum of $4 000 cpi indexed for the funeral expenses of the person.

In this section: