Who is the spouse of a deceased worker
29 Who is the spouse of a deceased worker
The spouse, of a deceased worker, includes the worker’s de facto partner only if the worker and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954, section 32DA—
generally—
for a continuous period of at least 2 years ending on the worker’s death; or
for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or
if the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.
In this section—
child of the relationship means a child of the worker and the de facto partner, and includes a child born after the worker’s death.
dependant includes a child born after the worker’s death who would have been completely or partly dependent on the worker’s earnings after the child’s birth if the worker had not died.
This Act’s bill:Explanatory memorandum
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