Table 5.4: Death entitlements

 Lump sumPeriodic paymentsOther payments
NSW

$901,600 —  s25 , Workers Compensation Act 1987

(indexed on 1 April and 1 October each year)

$161.40 a week to each dependent child —  s25(1)(b) , 1987 Act

(indexed on 1 April and 1 October each year)

Funeral expenses $15,000 maximum —  s26 , 1987 Act.

Cost of transporting the body —  s28 , 1987 Act

An additional amount for the management of the lump sum death benefit (applicable from 16 December 2022), where the child’s share of the lump sum death benefit is managed by the NSW Trustee and Guardian.

[Does not apply to Workers Compensation (Dust Diseases) Act 1942 and volunteers under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987]

Vic $713,780 —  s236 s237 , Workplace Injury Rehabilitation and Compensation Act 2013

Dependant partner — determined by average pre-injury earnings (PIAWE) subject to statutory maximum —  s241 :

  • First 13 weeks:
  • 95% of earnings
  • $2,660 max
  • 14 weeks — 3 years:
  • 50% of earnings
  • $2,660 max
  • A range of payments for dependent children depending on the particular circumstances of the child

Reasonable funeral expenses, not exceeding $15,230 —  s224 

Counselling for family members, max. total $7,550 —  s224 



 

Qld

404.87 times QOTE

10.83 times QOTE for a totally dependent spouse —  s200(2)(aa) , and

21.64 times QOTE for each dependant family member other than the spouse, under 16 or a student —  s200(2)(b) , Workers’ Compensation and Rehabilitation Act 2003

Weekly payment of 8% of QOTE for the spouse if there is a dependant family member under 6 —  s200(2)(ab) , and weekly payment of 10% of QOTE for each dependant under 16 or a student  s200(2)(c) Reasonable funeral expenses —  s199 , Chapter 3 Part 11
WA $631,810 (subject to Wage Price Index (WPI)) Schedule1A(7) Workers’ Compensation and Injury Management Act 1981 (indexed 1 July each year)A child’s allowance of $ 149 per week (subject to LPI) for each dependant child up to age 16 or 21 if a student, whichever an arbitrator determines as likely to be in the best interests of that dependant.  (indexed 1 July each year)Reasonable funeral expenses: not exceeding  $11,739 subject to CPI — Schedule  1(17)   (indexed 1 July each year)
SA

$585,336

 

Dependant domestic partner: weekly payments equal to 50% (less if partially dependant spouse) of the amount of the NWE of the deceased worker —  s59(1)(a) 

Dependant orphaned child: weekly payments equal to 25% (less if partially dependant child) of the amount of the NWE of the deceased worker —  s59(1)(b) 

Dependant non-orphaned child: weekly payments equal to 12.5% (less if partially dependant child) of the amount of the NWE of the deceased worker —  s59(1)(c) 

Dependant relative: may be eligible for weekly payments if ReturnToWorkSA determines they are eligible in their particular circumstances —  s59(1)(d) .

Funeral expenses capped at a prescribed amount: $11,114 —  s62 
Tas Maximum payment is currently $417,394.55 (415 units, where units means the amount represented by the basic salary). The basic salary is currently $1,005.77. —  s67 

A dependant spouse or caring partner is entitled to weekly payments for a period of 2 years from the date of death calculated at the same rate as the deceased would have received if he/she became totally incapacitated:

  • first 26 weeks following the date of death: 100% of weekly payments
  • >26 weeks, up to 78 weeks: 90% of weekly payments, and
  • >78 weeks, up to 2 years from the date of death: 80% of weekly payments.

A dependant child is entitled to weekly payments paid at 15% of the basic salary ($143.13), commencing on the expiration of 13 weeks after the date of death —  s67A 

Reasonable expenses of the worker’s burial or cremation not exceeding $9,500 —  s75(1)(b)(i) and  Regulation 21 

Reasonable costs of counselling services provided to members of the family by counselling professionals, up to $4,000 —  s75(1)(b)(ii) and  Regulation 21 

 

NT

$622,549.20 (364 times AWE) –  s62 

For injuries prior to 1 July 2015 that result in death, $444,678.00 (260 times AWE)

In prescribed proportions (share with children), or such proportions as the Court determines —  s62(1) Return to Work Act 1986

10% of average weekly earnings ($171.03 for each child under 16 or 21 if student), for up to 10 children —  s63 

Limited to 100% of average weekly earnings ($1,710.30) per week 

 

Maximum: 20% of the annual equivalent of average weekly earning s ($17,787.12) for funeral costs —  s62(1)(a) 

Reasonable cost of counselling services & financial advice for dependants —  s62(1)(c) .



 

ACT $617,131 lump sum to be divided between dependants (WPI indexed) —  s77(2)(a) , Workers Compensation Act 1951$169.72 per child, WPI indexed —  s77(2)(b) $14,062.53 CPI indexed for funeral expenses —  s77(2)(c) 
C’wealth Comcare$617,130.59 —  s17(3) and  s17(4) , Safety, Rehabilitation and Compensation Act 1988$169.72 p/w to each child under 16 (or 25 if full-time student) —  s17(5) Reasonable funeral expenses, not exceeding $14,062.53 —  s18(4) 
C’wealth Seacare $617,130.59 —  s29(3) and  s29(4) , Seafarers Rehabilitation and Compensation Act 1992$169.72 per week to each child under 16 (or 25 if full-time student) —  s29(5) Reasonable funeral expenses, not exceeding $7,647.52 —  s30(2) 
C’wealth DVA

MRCA:

  • $ 501 .25 per week for partner, or equivalent  age based  lump sum —  s234 .
  • $173,819.34 (age-based maximum additional  amount for partner where a service death as defined) —  s234 .
  • $ 104 ,291.61 (maximum amount for each ‘other dependant’) to a  maximum of $330,256.75 for all ‘other dependants’ — s263 
  • $104,291.61 for each dependent child —  s252 

DRCA:

  • $617,130.59 ( maximum amount)  s17(3),   s17(4) 
  • $68,132.07  additional death benefit lump sum for spouse Defence Act 1903   s58B 
  • $100,143.27 for each dependent child — Defence Act  1903  s58B 

MRCA:

  • $ 173 .46 a week to each dependent child under 16 (or to age 25 if full-time  student ) —  s254 
  • $6.80 Supplement per week to the partner —  s247 .  Energy  Supplement may also be payable
  • Bereavement payments for a limited time where deceased was in receipt of periodical compensation  payments —  s243 &   s256 

DRCA:

  • $169.72  per week for each dependent child  s17(5) 

 

  • Reasonable funeral expenses, not exceeding $14,062.53 —  MRCA  s267 & DRCA  18(2) 

MRCA:

  • Medical treatment for partner and each dependent child — s284 302
  • $3,076.16 financial and legal advice for partner — s240 
  • Children’s education expenses allowance  — s258 .

DRCA:

  • $1,990.52 financial advice limit — Defence Act 1903   s58B 



 

New Zealand 

Spouse: NZ$ 8,032.33

Other dependant (certain criteria): NZ  $4,016.18

Spouse: 60% of the long-term rate of weekly compensation that the earner would have received

Each child and other dependant: 20% of the weekly compensation

If total entitlement exceeds 100%, individual entitlements are reduced on a pro rata basis

Funeral grant: NZ$7,491.95

Child care payments: NZ$170.80 per week for a single child, NZ$102.48 each if there are 2 children, and a total of NZ$293.13 for 3 or more children