Table 5.4: Death entitlements

Lump sum

Periodic payments

Other payments

New South Wales

$849,300 — s25, Workers Compensation Act 1987

(indexed on 1 April and 1 October each year)

$152.00 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

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

Victoria

$644,640 — 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
• $2,570 max
• 14 weeks — 3 years:
• 50% of earnings
• $2,570 max
• $1,890 max for dependent partner with more than 5 dependent children.
• 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 $6,820 — s224

Queensland

• 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

Western Australia

$597,948 (subject to Labour Price Index (LPI)) notional residual entitlement of the deceased worker — Schedule 1(1), Workers’ Compensation and Injury Management Act 1981

A child’s allowance of $141 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.

Reasonable funeral expenses: not exceeding $10,317 subject to CPI — Schedule 1(17)

South Australia

$526,620

• 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

Tasmania

Maximum payment is currently $396,001.30 (415 units, where units means the amount represented by the basic salary). The basic salary is currently $954.22. — s67

A dependant spouse or caring partner is entitled to weekly payments for a period of two 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

Northern Territory

$615,269.20 (364 times AWE) – s62

For injuries prior to 1 July 2015 that result in death, $439,478.00 (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 ($169.03 for each child under 16 (or 21 if student), for up to 10 children — s63
• Limited to 100% of average weekly earnings ($1,701.60) per week

• Max: 20% of the annual equivalent of average weekly earning ($17,579.12) for funeral costs — s62(1)(a)
• Reasonable cost of counselling services & financial advice for dependants — s62(1)(c).

Australian Capital Territory

$583,419 CPI indexed (to be divided between the dependants) — s77(2)(a), Workers Compensation Act 1951

$160.45 per child, WPI indexed — s77(2)(b)

$12,603.88 CPI indexed for funeral expenses — s77(2)(c)

C’wealth Comcare

$583,419.44 — s17(3) and s17(4), Safety, Rehabilitation and Compensation Act 1988

$160.45 p/w to each child under 16 (or 25 if full-time student) — s17(5)

Reasonable funeral expenses, not exceeding $12,053.62 — s18(4)

C’wealth Seacare

$583,419.44 — s29(3) and s29(4), Seafarers Rehabilitation and Compensation Act 1992

$160.45 per week to each child under 16 (or 25 if full-time student) — s29(5)

Reasonable funeral expenses, not exceeding $6,555.03 — s30(2)

C’wealth DVA

MRCA:

• $492.10 per week for partner, or equivalent age based lump sum — s234.
• $155,789.79 (age-based maximum additional amount for partner where a service death as defined) — s234.
• $93,473.87 (maximum amount for each ‘other dependant’) to a maximum of $296,000.60 for all ‘other dependants’ —s263
• $93,473.87 for each dependent child — s252

DRCA:

• $583,419.44 (maximum amount) s17(3), s17(4)
• $64,410.31 additional death benefit lump sum for spouse Defence Act 1903 s58B
• $94,672.88 for each dependent child — Defence Act 1903 s58B

MRCA:

• $155.47 a week to each dependent child under 16 (or to age 25 if full-time student) — s254
• $3.10 Supplement per week to the partner and each child — s247. Energy Supplement may also be payable
• Bereavement payments for a limited time where deceased was in receipt of periodical compensation payments — s243 & s256

MRCA:

• $160.45 per week for each dependent child s17(5)

• Reasonable funeral expenses, not exceeding $12,603.88 — MRCA s267 & DRCA 18(2)

MRCA:

• Medical treatment for partner and each dependent child —ss284 & 302.
• $2,757.08 financial and legal advice for partner —s240
• Children’s education expenses equivalent to Youth Allowance payable in some circumstances —s258.

DRCA:

• $1,784.05 financial advice limit — Defence Act 1903 s58B

New Zealand

Spouse: NZ$6,668.03

Other dependant (certain criteria): NZ$3,334.04

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$6,219.44

Child care payments: NZ$141.79 per week for a single child, NZ$85.07 each if there are two children, and a total of NZ$198.51 for 3 or more children