Workers Compensation Act 1951

On application by a family member of a worker made within 3 months after the death of the worker, the employer must pay the family member—

for the deceased worker’s domestic partner—$10 000 cpi indexed; or

for any other family member—$5 000 cpi indexed.

An employer must, within 48 hours after the employer receives the application, give the application to the licensed insurer liable to indemnify the employer for the payment.

The employer must pay the family member the amount mentioned in subsection (1) within 7 days after the day the employer receives the application.

The employer may refuse to pay a family member if the employer has already paid a total of $50 000 cpi indexed to other family members under this part.

In this section:

family member, of a deceased worker, means—

any of the following people who, in the 6 months before the worker’s death, lived with the worker:

a domestic partner;

a child or stepchild;

a parent or step-parent; or

any other person prescribed by regulation.