Superannuation Act 1986

(1) If a benefit is payable under either Scheme on death, and the benefit would, but for this section, be payable to the estate of the deceased, the Commissioner may, without production of probate of the will or letters of administration of the estate of the deceased, pay the benefit for one or more of the following purposes:

(c) if the deceased left no dependant, but the Commissioner is satisfied that the deceased intended to benefit some other person – to the other person.

(2) The amount the Commissioner may pay under subsection (1) is subject to a limit of $30 000 or, if a higher limit is fixed by regulation, the higher limit.

(2A) The Commissioner may make a payment in excess of the limit applying under subsection (2) if the payment is made to a dependant who, in the Commissioner's opinion, requires the payment to alleviate financial hardship.

(3) The receipt in writing of a person to whom a payment is made under subsection (1) discharges the Commissioner from further liability for the portion of the benefit to which the payment relates.

(4) If a benefit is payable to the estate of a deceased person, the Commissioner may instead of paying the benefit to the legal personal representative of the deceased, pay the benefit to the Public Trustee.

(5) The Public Trustee's receipt for the payment discharges the Commissioner from further liability in respect of the benefit or the portion of the benefit that the payment represents.