Western Australian Current Regulations

BUSH FIRES REGULATIONS 1954 - REG 40

40 .         Apportionment of amounts (Act s. 37(8a))

        (1)         In this regulation —

        volunteer fire fighter has the same meaning as in section 35A of the Act.

        (2)         The amounts referred to in section 37(8a) of the Act are to be apportioned between the persons entitled to those amounts as follows —

            (a)         if, immediately before the death of the volunteer fire fighter, each of those persons were dependant on the fire fighter, the amounts are to be apportioned in accordance with Schedule 1 to the Workers’ Compensation and Injury Management Act 1981  ¹ ; or

            (b)         if, immediately before the death of the volunteer fire fighter, none of those persons were dependant on the volunteer fire fighter, the amounts are to be apportioned in equal shares or if there is only one such person, that person is to receive all of the amounts; or

            (c)         if, immediately before the death of the volunteer fire fighter, at least one of those persons was dependant on the volunteer fire fighter and at least one of those persons was not, then —

                  (i)         a person who was not so dependant is entitled to 10% of the amounts and if there is more than one such person, those persons are entitled to 10% of the amounts apportioned between them in equal shares; and

                  (ii)         the person, or persons, who were so dependant are entitled to the rest of the amounts apportioned between them, if there is more than one person, in accordance with Schedule 1 to the Workers’ Compensation and Injury Management Act 1981  ¹ .

        [Regulation 40 inserted: Gazette 31 Dec 2004 p. 7140‑1.]