Victorian Current Acts Victorian Current Acts(1) In this Division—
S. 234(1) def. of child amended by No. 10/2022 s. 71.
"child" means a person who—
(a) is under the age of 16 years; or
(b) is 16 years or more but under the age of 25 years and is a full-time student or full-time apprentice—
and in sections 241 and 242, includes a person who is 16 years or more but under the age of 25 years if the person has a disability within the meaning of section 3(1) of the Disability Act 2006 ;
"corresponding law "means an Act of another State or Territory in relation to the status of a child who is born after the death of a person whether or not the birth of that child was a result of an assisted reproductive treatment using the gametes, or an embryo formed from the gametes, of the deceased person;
"dependent child" means a child who is a dependant of the worker and includes—
(a) an orphan child; and
(b) a child born after the death of the worker where the deceased worker is that child's parent because of the Status of Children Act 1974 or a corresponding law;
dependent partner means a partner who is, or would be, but for the incapacity of the worker due to injury, wholly or mainly dependent on the worker's earnings;
"orphan child" means a child—
(a) who is a child of the worker and whose other parent—
(i) was dead before the death of the worker; or
(ii) was not, at the time of the death of the worker, a dependent partner of the worker and did not at that time wholly, mainly or in part provide economic support for the child; or
(b) who is not a child of the worker and—
(i) whose parents were both dead before the worker died; or
(ii) neither of whose parents, at the time of the death of the worker, wholly, mainly or in part provided economic support for the child and neither of whom was at that time a dependent partner of the worker;
partially dependent partner means a partner who is, or would be, but for the incapacity of the worker due to injury, to any extent dependent on the worker's earnings.
(2) In determining, for the purposes of this Division, whether a partner was a dependent partner at the time of the death of the worker or other relevant time, regard must not be had to—
(a) any money which the partner had earned or was earning by his or her own personal exertion; or
(b) any savings arising from any such earnings.
(3) For the purposes of this Division, a partner who resided with the worker at the time of the worker's death is deemed to have been dependent on the earnings of the worker at the time of the worker's death.