New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.4

3.4 Statutory benefits for funeral expenses

(1) If the death of a person results from a motor accident, statutory benefits are payable for reasonable funeral expenses to--

(a) the legal personal representative of the deceased, or

(b) if there is no legal personal representative--the person who has paid or is liable to pay those expenses.

(2) If the usual place of residence of the deceased person was, at the time of the person's death, in Australia, funeral expenses are to include the reasonable cost of transporting the body of the deceased to either of the following--

(a) what would, in the circumstances, be an appropriate place for its preparation for burial or cremation,

(b) that usual place of residence.

(3) If the usual place of residence of the deceased person was, at the time of the person's death, in a country other than Australia, funeral expenses are to include the reasonable cost of transporting the body of the deceased to that country.

(4) A reference in this section to the death of a person includes a reference to the loss of a foetus of a pregnant woman, whether or not the pregnant woman died and regardless of the gestational age of the foetus.

(5) For the purposes of subsection (2) or (3), the usual place of residence of a foetus of a pregnant woman is taken to be the pregnant woman's usual place of residence.