South Australian Numbered Acts South Australian Numbered Acts26—Insertion of sections 45A, 45B and 45C
After section 45 insert:
45A—Compensation payable on death—lump sums
(1) In this
section—
"child" means a person who—
(a) is
under the age of 18 years; or
(b) is a
full-time student at an educational institution approved by the Corporation
for the purposes of this paragraph and is under the age of 26 years; or
(c) is,
by reason of physical or mental disability, incapable of earning a living;
"dependent child" means a child, including an orphaned child, totally, mainly
or partially dependent on the worker's earnings;
"dependent partner" means a spouse or domestic partner totally or mainly
dependent on the worker's earnings;
"partially dependent partner" means a spouse or domestic partner who is to any
extent dependent on the worker's earnings;
"prescribed sum" means the prescribed sum under section 43 (as at the time of
the occurrence of the compensable disability that resulted in the death of the
relevant worker and less any amount paid to the relevant worker under
section 43).
(2) For the purposes
of this section, in determining whether a spouse or domestic partner was
wholly or mainly dependent on a worker's earnings at the time of death of the
worker or other relevant time, no regard will be had to any money which the
spouse or domestic partner had earned or was earning by his or her own
personal exertion or to any savings arising from any such earnings.
(3) For the purposes
of this section, if a worker and the worker's spouse or domestic partner
jointly contributed to the support of a dependent child immediately before the
occurrence of the compensable disability that resulted in the worker's death,
any contribution to the support of the child from the worker's spouse or
domestic partner will be disregarded in determining whether the child is a
dependant and, if so, the extent of the child's dependency.
(4) Subject to this
Act, if a worker dies as a result of a compensable disability, compensation in
the form of a lump sum is payable in accordance with this section.
(5) If the worker
leaves a dependent partner, or dependent partners, and no dependent child, the
amount of compensation is an amount equal to the prescribed sum payable to the
dependent partner or, if there is more than 1, in equal shares to the
dependent partners.
(6) If the worker
leaves no dependent partner and no dependent children other than an orphan
child or orphan children, the amount of compensation is an amount equal to the
prescribed sum payable to that orphan child or, if there are 2 or more,
in equal shares for those children.
(7) If the worker
leaves a dependent partner, or dependent partners, and 1, and
only 1, dependent child, the amount of compensation is—
(a) an
amount equal to 90% of the prescribed sum payable to the dependent partner or,
if more than 1, in equal shares to the dependent partners; and
(b) an
amount equal to 10% of the prescribed sum payable to the dependent child.
(8) If the worker
leaves a dependent partner, or dependent partners, and more than 1 and not
more than 5 dependent children, the amount of compensation is an amount equal
to the prescribed sum payable in the following shares:
(a) an
amount equal to 5% of the prescribed sum payable to each dependent child;
(b) the
balance to the dependent partner or, if more than 1, in equal shares to the
dependent partners.
(9) If the worker
leaves a dependent partner, or dependent partners, and more than 5
dependent children, the amount of compensation is an amount equal to the
prescribed sum payable in the following shares:
(a) an
amount equal to 75% of the prescribed sum payable to the dependent partner or,
if more than 1, in equal shares to the dependent partners;
(b) an
amount equal to 25% of the prescribed sum payable to the dependent children in
equal shares.
(10) If the worker
does not leave a dependent partner but leaves a dependent child or
dependent children (not taking into account an orphan child or orphan
children), that dependent child is, or if more than 1, each of those
dependent children are, entitled to the amount of compensation being such
share of a sum not exceeding the prescribed sum that the Corporation considers
is reasonable and appropriate to the loss to the dependent child or, if more
than 1 dependent child, to those dependent children.
(11) If the worker
leaves—
(a) a
partially dependent partner or partially dependent partners; and
(b) a
dependent partner or dependent partners or a dependent child or
dependent children or any combination thereof,
each of those dependents is entitled to the amount of compensation being such
share of a sum not exceeding the prescribed sum that the Corporation considers
is reasonable and appropriate to the loss to that dependent.
(12) If the worker
does not leave any dependent partner, dependent child or
partially dependent partner but leaves any other person who is to any extent
dependent on the worker's earnings, the Corporation may, if it considers it to
be justified in the circumstances, pay compensation of a sum not exceeding the
prescribed sum that the Corporation considers is reasonable and appropriate to
the loss to that person (and if the Corporation decides to make a payment of
compensation to more than 1 person under this subsection then the sums paid
must not in total exceed the prescribed sum).
(13) If the worker,
being under the age of 21 years at the time of the compensable disability,
leaves no dependent partner, dependent child or partially dependent partner
but, immediately before the disability, was contributing to the maintenance of
the home of the members of his or her family, the members of his or her family
are taken to be dependents of the worker partly dependent on the worker's
earnings.
(14) If a person who
is entitled to a payment under this section is under the age of 18 years, the
payment may, if the Corporation so determines, be made wholly or in part to a
guardian or trustee for the benefit of that person.
(15) A claimant is
entitled to interest at the prescribed rate on an amount of compensation
payable under this section in respect of the period beginning on the date the
claim for compensation was lodged in accordance with this Act and ending on
the date of the payment.
(16) Compensation is
payable, if the Corporation so decides, to a spouse or domestic partner or
child of a deceased worker who, although not dependent on the worker at the
time of the worker's death, suffers a change of circumstances that may, if the
worker had survived, have resulted in the spouse or domestic partner or child
becoming dependent on the worker.
45B—Funeral benefit
(1) If a worker dies
as a result of a compensable disability, a funeral benefit is payable equal
to—
(a) the
actual cost of the worker's funeral; or
(b) the
prescribed amount,
whichever is the lesser.
(2) A funeral benefit
payable under subsection (1) will be paid—
(a) to
the person who conducted the funeral; or
(b) to a
person who has paid, or is liable to pay, the funeral expenses of the deceased
worker.
(3) An amount
prescribed by regulation under subsection (1) may, if the regulations so
provide, be indexed so as to provide annual adjustments according to changes
in the Consumer Price Index.
45C—Counselling services
(1) If a worker dies
as a result of a compensable disability, a family member is entitled to be
compensated for the cost of approved counselling services to assist the
family member to deal with issues associated with the death.
(2) Compensation in
respect of costs under this section may be paid—
(a) to
the family member; or
(b)
directly to the person to whom the family member is liable for those costs.
(3) Compensation under
this section—
(a) will
be payable in accordance with scales determined or approved by the Minister
and published in the Gazette; and
(b) will
be subject, in any particular case, to a maximum entitlement prescribed by the
regulations.
(4) A reference in
this section to approved counselling services is a reference to counselling
services of a kind, or provided by a person, approved by the Corporation for
the purposes of this section.
(5) In this
section—
"family member" means a spouse, domestic partner, parent, sibling or child of
the worker or of the worker's spouse or domestic partner.