Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 69

After section 92A of the Accident Compensation Act 1985 insert —

    " 92AA     Reimbursement of expenses incurred by non-dependent family members of a deceased worker

    (1)     In this section—

"expenses" does not include—

        (a)     the cost of any service or contribution that may be claimed under section 99;

        (b)     the legal or other costs of a member of the deceased worker's family incurred by that person as a result of a dispute arising from the deceased worker's will, or the distribution of the deceased worker's estate;

        (c)     the cost of the loss of a service provided to a member of the deceased worker's family;

"maximum amount "means an amount of $30 000 in total for expenses incurred as a result of a worker's death, regardless of how many members of the deceased worker's family apply under this section.
s. 69

    (2)     If a worker's death results from, or is materially contributed to by, an injury arising out of or in the course of employment and if—

        (a)     had the worker had a dependant, or dependants at the time of his or her death, the injury would have entitled that dependant or dependants to compensation under this Act; and

        (b)     the worker did not have any dependants at the time of his or her death (including any dependent child within the meaning of section 92A(1))—

a member of the worker's family may apply to the Magistrates' Court for an order that the Authority or a self-insurer (as appropriate) reimburse the applicant for expenses incurred as a result of the worker's death.

    (3)     An application under this section must—

        (a)     specify the expenses of the applicant incurred as a result of the death of the worker and how the incurring of those expenses caused financial hardship to the applicant;

        (b)     be made within 2 years after the date of the worker's death unless subsection (4) applies.

    (4)         The Magistrates' Court may grant leave to an applicant to apply out of time, if the applicant has a special excuse for not making the application within time.

    (5)     On application under this section, the Magistrates' Court may, in its discretion, order that the Authority or a self-insurer reimburse an applicant for expenses not exceeding the maximum amount if the Court is satisfied that—

        (a)     the expenses incurred by the applicant were as a result of the death of the worker; and

        (b)     the expenses were reasonably incurred and are of a reasonable amount; and

        (c)     the incurring of the expenses caused financial hardship to the applicant.

    (6)     In making an order under this section, the Magistrates' Court may order that more than one applicant in respect of a deceased worker be reimbursed by the Authority or self-insurer under this section however the total amount ordered to be reimbursed in respect of the deceased worker must not exceed the maximum amount regardless of how many applicants apply in respect of that deceased worker.

    (7)     The Magistrates' Court must not award any interest if making an order for reimbursement of an applicant under this section.    

    (8)     A reimbursement of expenses under this section is not a payment of compensation under this Act except for the purposes of—

        (a)     calculating employer premiums;

        (b)     contributions under Division 6A of Part IV;

        (c)     seeking indemnity from a third party under section 138;

        (d)     seeking a refund of payments under section 249A.".