Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 236

    (1)     If the worker leaves a dependent partner, or dependent partners, and no dependent child, the amount of compensation is $555 350—

        (a)     payable to the dependent partner; or

        (b)     if there is more than one dependent partner, payable in equal shares to each of the dependent partners.

    (2)     If the worker leaves no dependent partner and no dependent children other than an orphan child or orphan children, the amount of compensation is $555 350—

        (a)     payable to that orphan child; or

        (b)     if there are 2 or more orphan children, payable in equal shares to each of those children.

    (3)     If the worker leaves a dependent partner, or dependent partners, and one, and only one, dependent child, the amount of compensation is $555 350 of which—

        (a)     $55 530 is payable to the dependent child; and

        (b)     the balance—

              (i)     is payable to the dependent partner; or

              (ii)     if there is more than one dependent partner, is payable in equal shares to each of the dependent partners.

    (4)     If the worker leaves a dependent partner, or dependent partners, and more than one and not more than 5 dependent children, the amount of compensation is $555 350 of which—

        (a)     $27 770 is payable to each dependent child; and

        (b)     the balance—

              (i)     is payable to the dependent partner; or

              (ii)     if there is more than one dependent partner, is payable in equal shares to each of the dependent partners.

S. 236(5) amended by No. 44/2014 s. 24(9).

    (5)     If the worker leaves a dependent partner, or dependent partners, and more than 5 dependent children, the amount of compensation is $555 350 of which—

        (a)     $416 520 is payable—

              (i)     to the dependent partner; or

              (ii)     if there is more than one dependent partner, in equal shares to each of the dependent partners; and

        (b)     the balance is payable to each of the dependent children in equal shares.

    (6)     If the worker does not leave a dependent partner but leaves—

        (a)     a dependent child (not being an orphan child); or

        (b)     a dependent child (not being an orphan child) and any other dependent children (including any other orphan children)—

that dependent child is, or if more than one, each of those dependent children are, entitled to the amount of compensation being such share of a sum not exceeding $555 350 which the court, the Authority or self-insurer considers is reasonable and appropriate to the injury to the dependent child or, if more than one dependent child, to those dependent children.