Workers Compensation Act 1987

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

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.

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).

Application for apportionment may be made by or on behalf of a person entitled to the compensation—

to the NSW Trustee, or

to the Commission (whether or not an application has been made to the NSW Trustee or the NSW Trustee has made a decision).

The NSW Trustee may decline to deal with an application for apportionment and advise the parties to apply to the Commission.

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.

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.

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.

If a dependant dies—

before a claim under this Division is made, or

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

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