Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 29

29 Who is the spouse of a deceased worker

(1) 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 —

(a) generally—

(i) for a continuous period of at least 2 years ending on the worker’s death; or

(ii) 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

(b) if the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.

(2) 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.