Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .
Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3562 ..
Part 4.6 Compensation for death
10 Death benefits
(1) This section applies to the death of a worker for which compensation is payable under this Act.
(2) The dependants of the worker are entitled to the following:
(a) a single lump sum payment of $150 000 cpi indexed to be divided between the dependants;
(b) for each dependant who is a child-weekly compensation of $50 cpi indexed;
(c) the funeral expenses of the worker to a maximum of $4 000 cpi indexed.
(3) In working out for this Act whether or not a child is, or was, dependent on the earnings of the worker, any family tax benefit within the meaning of the A New Tax System (Family Assistance) Act 1999 (Cwlth), section 3 (definitions) in relation to the child must be disregarded.
(4) Compensation under subsection (2) (b) is payable only while the person receiving it is a child.
10A Payment into court of lump sum death benefits
(ACT WCA sch 1 cl 6)(1) A payment mentioned in section 10 (2) (a) (the lump sum ) must be paid into the Magistrates Court, unless the court otherwise orders.
(2) The Magistrates Court must, until the lump sum is paid to the person entitled to it-
(a) invest, apply or otherwise deal with the lump sum payment in the way the court considers appropriate for the benefit of the person entitled to it under this Act; or
(b) deal with it under the Public Trustee Act 1985, section 25 (Payment of money etc to public trustee on behalf of a person under disability).
(3) The receipt of the registrar of the Magistrates Court is a sufficient discharge for the amount paid in.
Part 4.7 Registration of agreements for compensation
10B Registration of agreements for compensation
(NSW WCA s 66A (3), (4), (4A), (10))(1) If the worker agrees to receive an amount of compensation under section 8O (Compensation for permanent injuries generally) for a loss or under section 12J (How worker may commute rights) for the commutation of a right, a party to the agreement may apply to the Magistrates Court for registration of the agreement.
(2) The Magistrates Court may refuse to register the agreement if the court considers that the agreement is inaccurate or that the agreed amount of compensation is inadequate.
(3) The Magistrates Court must refuse to register the agreement unless satisfied that the worker received independent legal advice about the agreement before entering into it.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .