Survival of claims and of right to claim
321 Survival of claims and of right to claim
Claim made before death
A claim made before the death of the person who made the claim (including a claim made by a dependant of a deceased member) continues to have effect after the death of that person.
If a person makes a claim under section 319 before the person’s death, the person’s legal personal representative can make a claim for any compensation (including compensation under Part 2 of Chapter 4 (permanent impairment)) that could have been payable to the person up to the date of death.
The legal personal representative can choose to convert compensation for permanent impairment to a lump sum in certain circumstances (see subsection 78(7)).
The legal personal representative of a deceased partner cannot convert compensation for a member’s death to a lump sum (see section 236).
No claim made before death
If a person who is entitled to make a claim under this Act dies before making the claim, the claim may be made on the person’s behalf by the person’s legal personal representative.
The person’s legal personal representative can make a claim for any compensation that could have been payable to the person up to the date of death, except compensation under Part 2 of Chapter 4 (permanent impairment).
A payment of compensation in respect of a deceased person normally forms part of the estate of the person (see section 436).
This Act’s bill:Explanatory memorandumSecond reading speech
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