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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Workers' Compensation and Injury
Management Amendment Bill 2017
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Act amended 2
Part 2 -- Amendments about
compensation for dependants of
workers
4. Section 5 amended 3
5. Section 18 amended 3
6. Part III Division 5A inserted 4
Division 5A -- Claims by dependants and others for
compensation
72C. Terms used 4
72D. Application of this Division 4
72E. Claims for compensation for dependants
and others 5
72F. Claims procedure where employer insured 5
72G. Claims procedure where employer is
self-insured or uninsured 6
72H. Resolution of claim 7
72I. Manner of payment of lump sum
compensation 8
72J. Manner of payment of child's allowance 9
72K. Effect of recovery of damages on moneys
held in Trust Account 11
72L. Application of Part XI to matters under this
Division 12
7. Section 106 amended 13
8. Section 110 amended 13
9. Section 218 amended 13
45--1 page i
Workers' Compensation and Injury Management Amendment Bill 2017
Contents
10. Schedule 1 amended 14
11. Schedule 1A inserted 15
Schedule 1A -- Compensation entitlements when
worker has died
Division 1 -- Application and terms used
1. Application of Schedule 15
2. Partners, children and prescribed family
members 15
3. Dependants 16
4. Lump sum entitlement 16
5. Child's allowance 16
Division 2 -- Entitlements if the worker's death
results from the injury
6. Application of this Division 17
7. Lump sum compensation for partners,
children and others 17
8. Allowance for children 20
9. Funeral and medical expenses 21
Division 3 -- Entitlements if the worker's death does
not result from the injury
10. Application of this Division 21
11. Lump sum compensation for partners and
children 22
12. Schedule 5 amended 22
13. Schedule 8 Division 1 heading inserted 23
Division 1 -- Workers' Compensation and Injury
Management Amendment Act 2011
14. Schedule 8 Division 2 inserted 23
Division 2 -- Workers' Compensation and Injury
Management Amendment Act 2017
9. Terms used 23
10. Former provisions apply to deaths before
commencement day 24
Part 3 -- Minor amendments
15. Section 146O amended 25
16. Schedule 1 amended 25
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Workers' Compensation and Injury
Management Amendment Bill 2017
A Bill for
An Act to amend the Workers' Compensation and Injury Management
Act 1981.
The Parliament of Western Australia enacts as follows:
page 1
Workers' Compensation and Injury Management Amendment Bill 2017
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Workers' Compensation and Injury Management
4 Amendment Act 2017.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) Part 3 -- on the day after that day;
10 (c) the rest of the Act -- on a day fixed by proclamation,
11 and different days may be fixed for different provisions.
12 3. Act amended
13 This Act amends the Workers' Compensation and Injury
14 Management Act 1981.
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Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 4
1 Part 2 -- Amendments about compensation for
2 dependants of workers
3 4. Section 5 amended
4 (1) In section 5(1) delete the definitions of:
5 child's allowance
6 de facto partner
7 dependants
8 member of a family
9 notional residual entitlement
10 NRE amount
11 spouse
12 (2) In section 5(1) insert in alphabetical order:
13
14 dependant of a deceased worker has the meaning given
15 in Schedule 1A clause 3;
16
17 5. Section 18 amended
18 (1) In section 18 delete "If an injury" and insert:
19
20 (1) If an injury
21
22 (2) At the end of section 18 insert:
23
24 (2) If an injury of a worker occurs and the worker dies, the
25 employer shall, subject to this Act, be liable to pay
26 compensation in accordance with Schedule 1A.
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Workers' Compensation and Injury Management Amendment Bill 2017
Part 2 Amendments about compensation for dependants of workers
s. 6
1 (3) Subsection (2) does not limit the application of
2 Schedule 5 in relation to the death of the worker.
3
4 Note: The heading to amended section 18 is to read:
5 Employers liable to pay compensation for injuries to workers
6 6. Part III Division 5A inserted
7 After Part III Division 5 insert:
8
9 Division 5A -- Claims by dependants and others for
10 compensation
11 72C. Terms used
12 In this Division --
13 approved means approved by the chief executive
14 officer;
15 claim means a claim for compensation made under
16 section 72E;
17 claimant means a person claiming to be entitled to
18 compensation under clause 7, 8, 9 or 11;
19 clause means a clause of Schedule 1A.
20 72D. Application of this Division
21 (1) This Division applies to compensation that an
22 employer of a worker is liable to pay to or for a person
23 in accordance with Schedule 1A.
24 (2) A provision of this Division prevails to the extent, if
25 any, that it is inconsistent with a provision of this Act
26 that is not in this Division.
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Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 6
1 72E. Claims for compensation for dependants and others
2 (1) A claim for compensation may be made on the
3 employer by, or on behalf of, a claimant.
4 (2) Compensation for 2 or more claimants can be the
5 subject of 1 claim.
6 (3) A claim must be made in the approved form and must
7 be accompanied by supporting information and
8 documents in accordance with guidelines issued from
9 time to time by WorkCover WA.
10 72F. Claims procedure where employer insured
11 (1) This section applies if --
12 (a) a claim is made on an employer in accordance
13 with section 178(1); and
14 (b) the employer is indemnified under a policy of
15 insurance against liability to pay the
16 compensation claimed.
17 (2) Before the expiration of 5 full working days after the
18 claim is made the employer must give the claim to the
19 insurer to be dealt with under and in accordance with
20 the policy of insurance.
21 Penalty for this subsection: a fine of $1 000.
22 (3) On receiving the claim the insurer must give a copy of
23 it to WorkCover WA.
24 (4) As soon as is practicable after receiving the claim the
25 insurer must --
26 (a) give the claimant and the employer notice that
27 liability is accepted in respect of the
28 compensation claimed; or
29 (b) give the claimant and the employer notice that
30 liability is disputed in respect of some or all of
31 the compensation claimed; or
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Workers' Compensation and Injury Management Amendment Bill 2017
Part 2 Amendments about compensation for dependants of workers
s. 6
1 (c) give the claimant notice that additional
2 information or documents specified in the
3 notice are required in order for a decision to
4 accept or dispute liability for compensation to
5 be made.
6 (5) As soon as is practicable after receiving information or
7 documents required under subsection (4)(c) the insurer
8 must give the claimant and the employer --
9 (a) notice that liability is accepted in respect of the
10 compensation claimed; or
11 (b) notice that liability is disputed in respect of
12 some or all of the compensation claimed.
13 (6) A notice given under subsection (4) or (5) must be in
14 the approved form and the insurer must give a copy of
15 the notice to WorkCover WA.
16 72G. Claims procedure where employer is self-insured or
17 uninsured
18 (1) This section applies if --
19 (a) a claim is made on an employer in accordance
20 with section 178(1); and
21 (b) the employer (whether in contravention of
22 section 160, in accordance with an exemption
23 under section 164, as a result of the insurer
24 declining to indemnify the employer, or
25 otherwise) is not indemnified by a policy of
26 insurance against liability to pay the
27 compensation claimed.
28 (2) On receiving the claim the employer must give a copy
29 of it to WorkCover WA.
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Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 6
1 (3) As soon as is practicable after receiving the claim the
2 employer must give the claimant --
3 (a) notice that liability is accepted in respect of the
4 compensation claimed; or
5 (b) notice that liability is disputed in respect of
6 some or all of the compensation claimed; or
7 (c) notice that additional information or documents
8 specified in the notice are required in order for
9 a decision to accept or dispute liability for
10 compensation to be made.
11 (4) As soon as is practicable after receiving information or
12 documents required under subsection (3)(c) the
13 employer must give the claimant --
14 (a) notice that liability is accepted in respect of the
15 compensation claimed; or
16 (b) notice that liability is disputed in respect of
17 some or all of the compensation claimed.
18 (5) A notice given under subsection (3) or (4) must be in
19 the approved form and the employer must give a copy
20 of the notice to WorkCover WA.
21 72H. Resolution of claim
22 (1) In this section --
23 response means a notice under section 72F(4)
24 or 72G(3);
25 response period means the period of 30 days after the
26 day on which the claim is made on the employer.
27 (2) Except as provided in subsection (8), compensation in
28 accordance with Schedule 1A is to be paid only as
29 specified in an order made under subsection (7).
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Part 2 Amendments about compensation for dependants of workers
s. 6
1 (3) An application may be made to the Registrar by or on
2 behalf of the claimant for the claim to be determined
3 by an arbitrator.
4 (4) The application may be made --
5 (a) at any time after the claimant receives a
6 response; or
7 (b) if the claimant does not receive a response
8 during the response period, at any time after the
9 end of the response period.
10 (5) If the application is made before the claimant receives
11 a response, the application does not affect the
12 continued operation of section 72F(2) to (6) or 72G(2)
13 to (5), whichever are applicable, in relation to the
14 claim.
15 (6) If the application is made after the claimant receives a
16 response under section 72F(4)(c) or 72G(3)(c), the
17 application does not affect the continued operation of
18 section 72F(5) or 72G(4), whichever is applicable, in
19 relation to the claim.
20 (7) An arbitrator must determine the claim and make an
21 order specifying whether the claimant is entitled to
22 compensation in accordance with Schedule 1A and, if
23 so, the amount of compensation to which the claimant
24 is entitled.
25 (8) If an insurer or employer accepts liability in respect of
26 compensation to which a person is entitled under
27 clause 9, the compensation can be paid to the person
28 without an order having been made under
29 subsection (7).
30 72I. Manner of payment of lump sum compensation
31 (1) If an order (the compensation order) is made under
32 section 72H(7) for the payment of compensation to
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Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 6
1 which a dependant of a deceased worker (the
2 dependant) is entitled under clause 7 or 11, the
3 compensation order must specify whether
4 compensation for the dependant is to be --
5 (a) paid to WorkCover WA and applied in the
6 manner specified in the order; or
7 (b) paid to the dependant as specified in the order.
8 (2) Subsection (3) applies after the making of the
9 compensation order if the compensation order includes
10 provisions of the kind mentioned in subsection (1)(a).
11 (3) On application being made to the Registrar, an
12 arbitrator may make an order specifying that the
13 compensation is to be --
14 (a) applied otherwise than in the manner specified
15 in the compensation order; or
16 (b) paid to the dependant.
17 72J. Manner of payment of child's allowance
18 (1) This section applies if an order (the compensation
19 order) is made under section 72H(7) for the payment of
20 compensation to which a dependant of a deceased
21 worker (the dependant) is entitled under clause 8 (the
22 child's allowance).
23 (2) The compensation order must provide for amounts in
24 respect of the child's allowance to be paid to
25 WorkCover WA by the insurer or employer weekly or
26 at such other intervals as are specified in the order.
27 (3) WorkCover WA must make periodic payments of the
28 child's allowance to the dependant as specified in the
29 compensation order but no payment is to be made in
30 advance of a periodic payment or by way of
31 commutation.
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Workers' Compensation and Injury Management Amendment Bill 2017
Part 2 Amendments about compensation for dependants of workers
s. 6
1 (4) Payments to and by WorkCover WA under
2 subsections (2) and (3) are to continue as long as the
3 dependant remains entitled to the child's allowance
4 but, subject to clause 8(6), if the entitlement is based
5 on the dependant being a full-time student payments
6 may be suspended if proof of participation in full-time
7 study is not provided when and in the manner required
8 by WorkCover WA.
9 (5) Despite subsections (2) and (4), the liability to make
10 payments under subsection (2) may be fully discharged
11 by the payment to WorkCover WA of an amount
12 calculated in accordance with the regulations as being
13 the full amount of the child's allowance that will be
14 payable on the assumption that the child's allowance
15 will be payable to the dependant until the dependant
16 attains the age of 21 years.
17 (6) An application by the insurer or employer to pay an
18 amount under subsection (5) may be made to
19 WorkCover WA in the approved form when, or at any
20 time after, the compensation order is made.
21 (7) If an amount paid to WorkCover WA under
22 subsection (2) or (5) has been credited to the Trust
23 Account under section 110(2)(b) and the entitlement of
24 the dependant to the child's allowance ends before the
25 amount has been exhausted by periodic payments
26 under subsection (3), any surplus moneys standing to
27 the credit of the Trust Account must be transferred to
28 the General Account.
29 (8) On application being made to the Registrar by or on
30 behalf of the claimant, an arbitrator may make an order
31 varying the terms of the compensation order in relation
32 to a matter mentioned in subsection (2) or (3).
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Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 6
1 72K. Effect of recovery of damages on moneys held in
2 Trust Account
3 (1) In this section --
4 damages means --
5 (a) damages due or payable to, or claimed by, a
6 dependant of a deceased worker under the Fatal
7 Accidents Act 1959 for an injury causing the
8 death of the worker; or
9 (b) damages due or payable to, or claimed on
10 behalf of, the estate of a deceased worker under
11 the Law Reform (Miscellaneous Provisions)
12 Act 1941 for an injury causing the death of the
13 worker;
14 judgment includes an acceptance of an offer to consent
15 to judgment;
16 settlement includes --
17 (a) a settlement by the acceptance of money paid
18 into court; and
19 (b) a memorandum of the terms of a settlement that
20 has been filed under section 92(f);
21 trust moneys of a dependant means moneys credited to
22 the Trust Account under section 110(2)(a) or (b) in
23 respect of the dependant.
24 (2) Despite anything in this Act, in paying or otherwise
25 applying or dealing with trust moneys of a dependant
26 WorkCover WA must have regard to, and take into
27 account, any judgment or settlement under which
28 damages are payable to the dependant.
29 (3) Without limiting subsection (2), a judgment in or
30 settlement of an action for damages may include
31 directions to WorkCover WA as to how trust moneys
32 of a dependant are to be paid or otherwise applied or
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Workers' Compensation and Injury Management Amendment Bill 2017
Part 2 Amendments about compensation for dependants of workers
s. 6
1 dealt with and WorkCover WA must give effect to a
2 direction so given.
3 (4) Notice must be given to WorkCover WA by or on
4 behalf of the claimant if --
5 (a) an action for damages is commenced; or
6 (b) judgment is given or settlement takes place in
7 an action for damages.
8 (5) A notice given under subsection (4) must be in the
9 approved form.
10 72L. Application of Part XI to matters under this
11 Division
12 (1) In this section --
13 application means an application under section 72H(3),
14 72I(3) or 72J(8) or clause 8(6) or (7);
15 order means an order under section 72H(7), 72I(3)
16 or 72J(8).
17 (2) An application must be made in accordance with this
18 Act and the arbitration rules and may be rejected by the
19 Registrar if it does not comply.
20 (3) An application can be made and received, and an order
21 can be made, whether or not there is a dispute about
22 liability or the payment of compensation.
23 (4) Without limiting section 72D(2), the following
24 provisions do not apply to a claim, application or
25 order --
26 (a) Part XI Division 3 Subdivision 2;
27 (b) sections 182ZT, 182ZU, 189 and 211(2);
28 (c) the conciliation rules.
29
page 12
Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 7
1 7. Section 106 amended
2 In section 106(2):
3 (a) in paragraph (e) delete "section 101(caa)." and insert:
4
5 section 101(caa); and
6
7 (b) after paragraph (e) insert:
8
9 (f) any moneys required to be transferred to the
10 General Account under section 72J(7).
11
12 8. Section 110 amended
13 Delete section 110(2) and insert:
14
15 (2) There shall be credited to the Trust Account --
16 (a) all moneys paid to WorkCover WA under
17 section 72I(1)(a); and
18 (b) all moneys paid to WorkCover WA under
19 section 72J(2) or (5); and
20 (c) all moneys paid to WorkCover WA under
21 section 218.
22
23 9. Section 218 amended
24 (1) Delete section 218(1) and insert:
25
26 (1) A question as to the payment of compensation that is
27 payable to a worker under a legal disability to give an
28 effective discharge for payment may be determined on
29 application under this Division as a dispute.
30
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Workers' Compensation and Injury Management Amendment Bill 2017
Part 2 Amendments about compensation for dependants of workers
s. 10
1 (2) In section 218(2) delete "person" and insert:
2
3 worker
4
5 (3) Delete section 218(3).
6 (4) Delete section 218(4) and insert:
7
8 (4) After it has been ordered under subsection (2) that
9 compensation be paid to WorkCover WA, a question as
10 to whether the compensation should be applied
11 differently may be determined on application under this
12 Division as a dispute.
13
14 Note: The heading to amended section 218 is to read:
15 Payment of compensation to person under legal disability
16 10. Schedule 1 amended
17 (1) Delete the reference after the heading to Schedule 1 and insert:
18
19 [s. 18(1)]
20
21 (2) In Schedule 1 delete clauses 1 to 5.
22 (3) In Schedule 1 delete clause 17(2).
23 (4) In Schedule 1 clause 19(3) delete "dependants, unless a" and
24 insert:
25
26 person mentioned in Schedule 1A clause 2 who is dependent on the
27 earnings of the worker, unless the
28
page 14
Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 11
1 11. Schedule 1A inserted
2 After Schedule 1 insert:
3
4 Schedule 1A -- Compensation entitlements when
5 worker has died
6 [s. 18(2)]
7 Division 1 -- Application and terms used
8 1. Application of Schedule
9 This Schedule applies if --
10 (a) an injury of a worker occurs; and
11 (b) the worker dies on or after the day on which the
12 Workers' Compensation and Injury Management
13 Amendment Act 2017 section 6 comes into
14 operation.
15 2. Partners, children and prescribed family members
16 (1) A person is a partner if --
17 (a) the worker is the spouse or de facto partner of the
18 person; or
19 (b) the worker has previously been a spouse or de facto
20 partner of the person.
21 (2) A person, of any age, is a child if --
22 (a) the worker is a parent of the person; or
23 (b) the worker is a step-parent of the person (whether
24 the person was legally adopted by the worker or
25 not),
26 and children has a corresponding meaning.
27 (3) A person is a prescribed family member if --
28 (a) the person is a parent of the worker; or
29 (b) the person is a step-parent of the worker (whether
30 the worker was legally adopted or not); or
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Workers' Compensation and Injury Management Amendment Bill 2017
Part 2 Amendments about compensation for dependants of workers
s. 11
1 (c) the worker stands in the place of a parent to the
2 person; or
3 (d) the person stands in the place of a parent to the
4 worker; or
5 (e) the person is a sibling or half-sibling of the worker;
6 or
7 (f) the worker is a grandparent of the person; or
8 (g) the person is a grandparent of the worker.
9 3. Dependants
10 A person who is a partner, child or prescribed family
11 member is a dependant if the person --
12 (a) was wholly or in part dependent upon the earnings
13 of the worker at the time of the worker's death; or
14 (b) would have been wholly or in part dependent upon
15 the earnings of the worker at the time of the
16 worker's death if the injury had not occurred.
17 4. Lump sum entitlement
18 The lump sum entitlement (LSE) is the amount equal to
19 250% of the prescribed amount calculated as at the date of
20 the worker's death.
21 5. Child's allowance
22 The child's allowance is --
23 (a) the amount of $133 per week; or
24 (b) if regulations made for the purposes of this clause
25 prescribe a different amount per week or provide for
26 a different amount per week to be determined in
27 accordance with the regulations, that amount.
page 16
Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 11
1 Division 2 -- Entitlements if the worker's death results from
2 the injury
3 6. Application of this Division
4 This Division applies if the worker's death results from the
5 injury.
6 7. Lump sum compensation for partners, children and
7 others
8 (1) If the worker dies leaving --
9 (a) a person described in column 1 of item 1 or 9 in the
10 Table who is a dependant; or
11 (b) persons described in column 1 of item 2, 3, 4, 5, 6,
12 7, 8 or 10 in the Table each of whom is a dependant,
13 the person or each of those persons is entitled to, or to a
14 portion of, the lump sum entitlement as determined in
15 accordance with column 2 of that item.
16 Table
Item Column 1 Column 2
Dependant or dependants Compensation
1. Partners: 1 100% of the LSE to the
partner
Children: 0
2. Partners: 1 90% of the LSE to the
partner
Children: 1 10% of the LSE to the
child
3. Partners: 1 5% of the LSE to each
child
Children: 2 to 5 Balance of the LSE to the
partner
page 17
Workers' Compensation and Injury Management Amendment Bill 2017
Part 2 Amendments about compensation for dependants of workers
s. 11
Item Column 1 Column 2
Dependant or dependants Compensation
4. Partners: 1 75% of the LSE to the
partner
Children: 6 or more 25% of the LSE divided
equally between the
children
5. Partners: 2 or more 100% of the LSE divided
so that each partner
Children: None
receives an amount
proportionate to the loss
of financial support
suffered by that partner
6. Partners: 2 or more 90% of the LSE divided
between the partners so
that each partner receives
an amount proportionate
to the loss of financial
support suffered by that
partner
Children: 1 10% of the LSE to the
child
7. Partners: 2 or more 5% of the LSE to each
child
Children: 2 to 5 Balance of the LSE
divided between the
partners so that each
partner receives an
amount proportionate to
the loss of financial
support suffered by that
partner
page 18
Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 11
Item Column 1 Column 2
Dependant or dependants Compensation
8. Partners: 2 or more 75% of the LSE divided
between the partners so
that each partner receives
an amount proportionate
to the loss of financial
support suffered by that
partner
Children: 6 or more 25% of the LSE divided
equally between the
children
9. Partners: None 100% of the LSE to the
child
Children: 1
10. Partners: None 100% of the LSE divided
equally between the
Children: 2 or more
children
1 (2) The compensation for a partner or child under subclause (1)
2 applies whether or not the worker dies also leaving any
3 prescribed family member who is a dependant.
4 (3) If the worker dies not leaving a partner or child who is a
5 dependant but leaving 1 prescribed family member who is a
6 dependant, that prescribed family member is entitled to an
7 amount that is reasonable and proportionate to the loss of
8 financial support suffered by the prescribed family member,
9 but not exceeding the lump sum entitlement.
10 (4) If the worker dies not leaving a partner or child who is a
11 dependant but leaving 2 or more prescribed family members
12 who are dependants, each of those prescribed family
13 members is entitled to an amount that is reasonable and
14 proportionate to the loss of financial support suffered by the
15 prescribed family member, but not exceeding, in total, the
16 lump sum entitlement.
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Workers' Compensation and Injury Management Amendment Bill 2017
Part 2 Amendments about compensation for dependants of workers
s. 11
1 8. Allowance for children
2 (1) This clause applies to a child left by the worker when the
3 worker dies.
4 (2) An eligible child is a child who is a dependant and --
5 (a) is under the age of 16 years; or
6 (b) has attained the age of 16 years but is under the age
7 of 21 years and is a full-time student; or
8 (c) is the subject of a determination that is in force
9 under subclause (5) or (6).
10 (3) Each eligible child is entitled to the child's allowance.
11 (4) The child's allowance is in addition to, and does not affect,
12 any compensation for the eligible child under clause 7(1) of
13 this Schedule.
14 (5) An arbitrator may, in the arbitrator's absolute discretion,
15 determine in an order referred to in section 72J(1) that a
16 child who is under the age of 21 years but has attained the
17 age of 16 years and is not a full-time student should receive
18 the child's allowance by reason of circumstances.
19 (6) If --
20 (a) the eligibility of a child who has attained the age of
21 16 years to receive the child's allowance under an
22 order referred to in section 72J(1) ceases because
23 the child is not a full-time student; and
24 (b) the child is under the age of 21 years,
25 on application being made to the Registrar an arbitrator
26 may, in the arbitrator's absolute discretion, determine that
27 the child should continue to receive the child's allowance by
28 reason of circumstances.
29 (7) On application being made to the Registrar an arbitrator
30 may, in the arbitrator's absolute discretion, revoke a
31 determination made under subclause (5) or (6).
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Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 11
1 9. Funeral and medical expenses
2 (1) In this clause --
3 funeral expenses means expenses properly incurred in
4 relation to the funeral and burial or cremation of the worker
5 and includes fees and charges paid or payable to the Board
6 or local government in which the care, control and
7 management of a cemetery is vested under the Cemeteries
8 Act 1986;
9 medical expenses means expenses properly incurred from
10 the time of the injury until the worker's death in relation to a
11 matter of a kind mentioned in Schedule 1 clause 17(1).
12 (2) A person who has incurred funeral expenses is entitled to
13 the amount of the expenses incurred but not exceeding --
14 (a) the amount of $9 813; or
15 (b) if regulations made for the purposes of this
16 subclause prescribe a different amount or provide
17 for a different amount to be determined in
18 accordance with the regulations, that amount.
19 (3) A person who has incurred medical expenses is entitled to
20 the amount of the expenses incurred to the extent that those
21 expenses are reasonable and have not been the subject of
22 compensation paid in accordance with Schedule 1 clause 17.
23 Division 3 -- Entitlements if the worker's death does not
24 result from the injury
25 10. Application of this Division
26 This Division applies if --
27 (a) the worker's death does not result from the injury;
28 and
29 (b) the worker has been in receipt of, or was entitled to
30 receive, weekly payments for not less than 6 months
31 immediately preceding the worker's death; and
32 (c) no order for payment of a lump sum in redemption
33 has been made under section 67; and
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Workers' Compensation and Injury Management Amendment Bill 2017
Part 2 Amendments about compensation for dependants of workers
s. 12
1 (d) no memorandum of agreement for payment of a
2 lump sum in redemption has been recorded under
3 section 76; and
4 (e) no memorandum of the terms of a settlement has
5 been filed under section 92(f).
6 11. Lump sum compensation for partners and children
7 (1) In this clause --
8 aggregated amount means the aggregate of weekly
9 payments for total incapacity of the worker at a rate
10 calculated and varied as at the date of the worker's death for
11 a period of 1 year after the worker's death;
12 eligible person means a person who is a partner or child and
13 is a dependant.
14 (2) If the worker dies leaving 1 eligible person, that eligible
15 person is entitled to the aggregated amount.
16 (3) If the worker dies leaving 2 or more eligible persons, each
17 of those eligible persons is entitled to a portion of the
18 aggregated amount determined as if --
19 (a) item 2, 3, 4, 5, 6, 7, 8 or 10 in the Table to
20 clause 7(1) of this Schedule, whichever is relevant,
21 applied; and
22 (b) any reference to the LSE in column 2 of that item
23 was a reference to the aggregated amount.
24
25 12. Schedule 5 amended
26 (1) In Schedule 5 clause 1(1) insert in alphabetical order:
27
28 de facto partner includes a former de facto partner of a
29 worker;
30 spouse includes a former spouse of a worker;
31
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Workers' Compensation and Injury Management Amendment Bill 2017
Amendments about compensation for dependants of workers Part 2
s. 13
1 (2) In Schedule 5 clause 6(c) delete "clauses 1, 2, 3, 4, 5 and 17(2) of
2 Schedule 1 shall" and insert:
3
4 Schedule 1A does
5
6 (3) In Schedule 5 clause 7(c) delete "clauses 1, 2, 3, 4, 5 and 17(2) of
7 Schedule 1 do" and insert:
8
9 Schedule 1A does
10
11 13. Schedule 8 Division 1 heading inserted
12 At the beginning of Schedule 8 insert:
13
14 Division 1 -- Workers' Compensation and Injury
15 Management Amendment Act 2011
16
17 14. Schedule 8 Division 2 inserted
18 In Schedule 8 after clause 8 insert:
19
20 Division 2 -- Workers' Compensation and Injury
21 Management Amendment Act 2017
22 9. Terms used
23 In this Division --
24 commencement day means the day of the coming into
25 operation of the Workers' Compensation and Injury
26 Management Amendment Act 2017 section 6;
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Workers' Compensation and Injury Management Amendment Bill 2017
Part 2 Amendments about compensation for dependants of workers
s. 14
1 former provisions means the following as in force before
2 the commencement day --
3 (a) the definitions in section 5(1) of child's allowance,
4 de facto partner, dependants, member of a family,
5 notional residual entitlement, NRE amount and
6 spouse;
7 (b) sections 18 and 218;
8 (c) Schedule 1 heading and clauses 1 to 5 and 17(2);
9 (d) Schedule 5 clauses 6(c) and 7(c).
10 10. Former provisions apply to deaths before
11 commencement day
12 (1) Except as provided in subclause (2), if an injury of a worker
13 occurred and the worker died before the commencement
14 day, the former provisions apply in relation to the injury and
15 death as if they were still in force.
16 (2) On and from the commencement day the child's allowance
17 that a person is entitled to receive under the former
18 provisions as applied by subclause (1) is the child's
19 allowance as defined in Schedule 1A clause 5.
20 Note for this clause:
21 The former provisions are set out in Reprint 11 of the
22 Workers' Compensation and Injury Management Act 1981
23 as at 13 February 2015.
24
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Workers' Compensation and Injury Management Amendment Bill 2017
Minor amendments Part 3
s. 15
1 Part 3 -- Minor amendments
2 15. Section 146O amended
3 In section 146O(8):
4 (a) delete "any" and insert:
5
6 either
7
8 (b) delete "(1) or".
9 16. Schedule 1 amended
10 In Schedule 1 clause 19(1) delete "such treatment, massage," and
11 insert:
12
13 treatment, attendance,
14
15
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