New South Wales Consolidated Acts

SPORTING INJURIES INSURANCE ACT 1978 - SECT 26

26 Payment of benefits for death

(1) In this section--

"child" , in relation to a deceased person, means a person--

(a) who is a child or stepchild of the deceased person, or

(b) to whom the deceased person stood in loco parentis immediately before death,

and who is under the age of 16 years or who is of or above that age but under the age of 21 years and is a person receiving full time education at a school, college or university.

"dependant" , in relation to a deceased person, means a child or spouse of the deceased person.

"spouse" of a deceased person includes a de facto partner of the deceased person at the time of his or her death.

Note--: "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

(2) Subject to subsection (4), where an application under section 19 (2) has been duly made with respect to the death of a person while participating in an authorised activity of a sporting organisation as a registered participant of the organisation, the Authority, if the person was, at the time of the person's death--

(a) of or above the age of 18 years, shall pay $70,680 and an additional $2,850 in respect of each child, if any, of the deceased person who was, in the opinion of the Authority, wholly or partly dependent for support upon the deceased person immediately before the person's death, or

(b) under the age of 18 years and had at least 1 dependant who was, in the opinion of the Authority, wholly or partly dependent for support upon the deceased person immediately before the person's death, may pay an amount not exceeding the amount that would be payable under paragraph (a) if the deceased person had died after attaining the age of 18 years.

(2A) Subject to subsection (4), where--

(a) an application under section 19 (2) has been duly made with respect to the death of a person--

(i) while participating in an authorised activity of a school as an enrolled student participant of the school, or

(ii) while participating in an authorised activity of the Department as an enrolled participant of the Department, and

(b) the person had at least 1 dependant who was, in the opinion of the Authority, wholly or partly dependent for support upon the deceased person immediately before the death occurred,

the Authority may pay an amount not exceeding the total of $70,680 and an additional $2,850 in respect of each child, if any, of the deceased person who was, in the opinion of the Authority, wholly or partly dependent for support upon the deceased person immediately before the death occurred.

(3) Any amount paid under subsection (2) (a) or (b) or (2A) shall be paid to the legal personal representative of the deceased person in respect of whom it is paid and shall form part of the deceased person's estate.

(4) Notwithstanding any other provision of this section or section 25, the maximum amount payable under this section and section 25 in respect of all injuries suffered by a person as a consequence of a single incident and the death of the person as a consequence of those injuries is--

(a) if the person was a registered participant of a sporting organisation when the incident occurred and died when, or within 3 months after, the incident occurred--

(i) the amount payable under subsection (2) (a) in respect of the death of the person, or

(ii) the maximum amount payable under subsection (2) (b) in respect of the death of the person,

as the case may be,

(b) if the person was an enrolled student participant of a school or an enrolled participant of the Department when the incident occurred and died when, or within 3 months after, the incident occurred--the maximum amount payable under subsection (2A) in respect of the death of the person, or

(c) in any other case--$171,000.