Workers’ Compensation and Rehabilitation Act 2003

This section applies to a person who—

wishes to seek damages as a dependant of a deceased worker; and

has not made an application under section 132.

The person may apply to the insurer for the issue of a certificate stating the person is a dependant of the deceased worker for the purpose of section 237(1)(b)(ii).

An application under subsection (2) must be—

lodged with the insurer; and

in the approved form; and

accompanied by—

a certificate in the approved form given by a doctor who attended the deceased worker; and

any other evidence or particulars prescribed by regulation.

The insurer must, within 40 business days after the application is made, decide to allow or reject the application.

The insurer may reject the application only if satisfied—

the person is not a dependant of the deceased worker; or

the deceased worker was not a worker when the injury was sustained; or

the deceased worker did not sustain an injury; or

the injury did not result in the worker’s death.

The insurer must notify the person of its decision on the application.

If the insurer rejects the application, the insurer must also, when giving the person notice of its decision, give the person written reasons for the decision and the information prescribed by regulation.

If the person is aggrieved by the insurer’s decision on the application, the person may have the decision reviewed under chapter 13.

If the insurer does not decide the application within the time stated in subsection (4)—

the insurer must, within 5 business days after the end of the time stated in subsection (4), notify the person—

of its reasons for not deciding the application; and

that the person may have the insurer’s failure to decide the application reviewed under chapter 13; and

the person may have the insurer’s failure to decide the application reviewed under chapter 13.

To remove any doubt, it is declared that a decision of the insurer to allow the application does not entitle the person to compensation for the injury.