Western Australian Current Acts Western Australian Current Acts[s. 18(2)]
[Heading inserted: No. 8 of 2018 s. 11.]
Division 1 — Application and terms used
[Heading inserted: No. 8 of 2018 s. 11.]
This Schedule applies
if —
(a) an
injury of a worker occurs; and
(b) the
worker dies on or after the day on which the Workers’ Compensation and
Injury Management Amendment Act 2018 section 6 comes into operation.
[Clause 1 inserted: No. 8 of 2018 s. 11.]
2 . Partners, children and prescribed family
members
(1) A person is a
partner if —
(a) the
worker is the spouse or de facto partner of the person; or
(b) the
worker has previously been a spouse or de facto partner of the person.
(2) A person, of any
age, is a child if —
(a) the
worker is a parent of the person; or
(b) the
worker is a step-parent of the person (whether the person was legally adopted
by the worker or not),
and children has a
corresponding meaning.
(3) A person is a
prescribed family member if —
(a) the
person is a parent of the worker; or
(b) the
person is a step-parent of the worker (whether the worker was legally adopted
or not); or
(c) the
worker stands in the place of a parent to the person; or
(d) the
person stands in the place of a parent to the worker; or
(e) the
person is a sibling or half-sibling of the worker; or
(f) the
worker is a grandparent of the person; or
(g) the
person is a grandparent of the worker.
[Clause 2 inserted: No. 8 of 2018 s. 11.]
A person who is a
partner, child or prescribed family member is a dependant if the person
—
(a) was
wholly or in part dependent upon the earnings of the worker at the time of the
worker’s death; or
(b)
would have been wholly or in part dependent upon the earnings of the worker at
the time of the worker’s death if the injury had not occurred.
[Clause 3 inserted: No. 8 of 2018 s. 11.]
The lump sum
entitlement ( LSE ) is the amount equal to 250% of the prescribed amount
calculated as at the date of the worker’s death.
[Clause 4 inserted: No. 8 of 2018 s. 11.]
The child’s
allowance is —
(a) the
amount of $133 per week; or
(b) if
regulations made for the purposes of this clause prescribe a different amount
per week or provide for a different amount per week to be determined in
accordance with the regulations, that amount.
[Clause 5 inserted: No. 8 of 2018 s. 11.]
Division 2 — Entitlements if the worker’s death results from the
injury
[Heading inserted: No. 8 of 2018 s. 11.]
6 . Application of this Division
This Division applies
if the worker’s death results from the injury.
[Clause 6 inserted: No. 8 of 2018 s. 11.]
7 . Lump sum compensation for partners, children
and others
(1) If the worker dies
leaving —
(a) a
person described in column 1 of item 1 or 9 in the Table who is a dependant;
or
(b)
persons described in column 1 of item 2, 3, 4, 5, 6, 7, 8 or 10 in the Table
each of whom is a dependant,
the person or each of
those persons is entitled to, or to a portion of, the lump sum entitlement as
determined in accordance with column 2 of that item.
Table
|
Item |
Column 1 Dependant or dependants |
Column 2 Compensation |
|---|---|---|
|
1. |
Partners: 1 Children: 0 |
100% of the LSE to the partner |
|
2. |
Partners: 1 Children: 1 |
90% of the LSE to the partner 10% of the LSE to the child |
|
3. |
Partners: 1 Children: 2 to 5 |
5% of the LSE to each child Balance of the LSE to the partner |
|
4. |
Partners: 1 Children: 6 or more |
75% of the LSE to the partner 25% of the LSE divided equally between the children |
|
5. |
Partners: 2 or more Children: None |
100% of the LSE divided so that each partner receives an amount proportionate
to the loss of financial support suffered by that partner |
|
6. |
Partners: 2 or more Children: 1 |
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
10% of the LSE to the child |
|
7. |
Partners: 2 or more Children: 2 to 5 |
5% of the LSE to each child 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 |
|
8. |
Partners: 2 or more Children: 6 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
25% of the LSE divided equally between the children |
|
9. |
Partners: None Children: 1 |
100% of the LSE to the child |
|
10. |
Partners: None Children: 2 or more |
100% of the LSE divided equally between the children |
(2) The compensation
for a partner or child under subclause (1) applies whether or not the worker
dies also leaving any prescribed family member who is a dependant.
(3) If the worker dies
not leaving a partner or child who is a dependant but leaving 1 prescribed
family member who is a dependant, that prescribed family member is entitled to
an amount that is reasonable and proportionate to the loss of financial
support suffered by the prescribed family member, but not exceeding the lump
sum entitlement.
(4) If the worker dies
not leaving a partner or child who is a dependant but leaving 2 or more
prescribed family members who are dependants, each of those prescribed family
members is entitled to an amount that is reasonable and proportionate to the
loss of financial support suffered by the prescribed family member, but not
exceeding, in total, the lump sum entitlement.
[Clause 7 inserted: No. 8 of 2018 s. 11.]
(1) This clause
applies to a child left by the worker when the worker dies.
(2) An eligible child
is a child who is a dependant and —
(a) is
under the age of 16 years; or
(b) has
attained the age of 16 years but is under the age of 21 years and is a
full-time student; or
(c) is
the subject of a determination that is in force under subclause (5) or (6).
(3) Each eligible
child is entitled to the child’s allowance.
(4) The child’s
allowance is in addition to, and does not affect, any compensation for the
eligible child under clause 7(1) of this Schedule.
(5) An arbitrator may,
in the arbitrator’s absolute discretion, determine in an order referred
to in section 72J(1) that a child who is under the age of 21 years but has
attained the age of 16 years and is not a full-time student should receive the
child’s allowance by reason of circumstances.
(6) If —
(a) the
eligibility of a child who has attained the age of 16 years to receive the
child’s allowance under an order referred to in section 72J(1) ceases
because the child is not a full-time student; and
(b) the
child is under the age of 21 years,
on application being
made to the Registrar an arbitrator may, in the arbitrator’s absolute
discretion, determine that the child should continue to receive the
child’s allowance by reason of circumstances.
(7) On application
being made to the Registrar an arbitrator may, in the arbitrator’s
absolute discretion, revoke a determination made under subclause (5) or (6).
[Clause 8 inserted: No. 8 of 2018 s. 11.]
9 . Funeral and medical expenses
(1) In this clause
—
funeral expenses means expenses properly incurred
in relation to the funeral and burial or cremation of the worker and includes
fees and charges paid or payable to the Board or local government in which the
care, control and management of a cemetery is vested under the Cemeteries Act
1986 ;
medical expenses means expenses properly incurred
from the time of the injury until the worker’s death in relation to a
matter of a kind mentioned in Schedule 1 clause 17(1).
(2) A person who has
incurred funeral expenses is entitled to the amount of the expenses incurred
but not exceeding —
(a) the
amount of $9 813; or
(b) if
regulations made for the purposes of this subclause prescribe a different
amount or provide for a different amount to be determined in accordance with
the regulations, that amount.
(3) A person who has
incurred medical expenses is entitled to the amount of the expenses incurred
to the extent that those expenses are reasonable and have not been the subject
of compensation paid in accordance with Schedule 1 clause 17.
[Clause 9 inserted: No. 8 of 2018 s. 11.]
Division 3 — Entitlements if the worker’s death does not result
from the injury
[Heading inserted: No. 8 of 2018 s. 11.]
10 . Application of this Division
This Division applies
if —
(a) the
worker’s death does not result from the injury; and
(b) the
worker has been in receipt of, or was entitled to receive, weekly payments for
not less than 6 months immediately preceding the worker’s death; and
(c) no
order for payment of a lump sum in redemption has been made under section 67;
and
(d) no
memorandum of agreement for payment of a lump sum in redemption has been
recorded under section 76; and
(e) no
memorandum of the terms of a settlement has been filed under section 92(f).
[Clause 10 inserted: No. 8 of 2018 s. 11.]
11 . Lump sum compensation for partners and
children
(1) In this clause
—
aggregated amount means the aggregate of weekly
payments for total incapacity of the worker at a rate calculated and varied as
at the date of the worker’s death for a period of 1 year after the
worker’s death;
eligible person means a person who is a partner or
child and is a dependant.
(2) If the worker dies
leaving 1 eligible person, that eligible person is entitled to the aggregated
amount.
(3) If the worker dies
leaving 2 or more eligible persons, each of those eligible persons is entitled
to a portion of the aggregated amount determined as if —
(a) item
2, 3, 4, 5, 6, 7, 8 or 10 in the Table to clause 7(1) of this Schedule,
whichever is relevant, applied; and
(b) any
reference to the LSE in column 2 of that item was a reference to the
aggregated amount.
[Clause 11 inserted: No. 8 of 2018 s. 11.]