Table 5.5: Definitions of dependants/spouse for death benefits | Safe Work Australia

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	Who is entitled to death benefits	Definitions	Reference to same sex relationships	Other relevant information
New South Wales	s25 Workers Compensation Act 1987 — dependants: If there are no dependants the lump sum death benefit is paid to the worker’s legal personal representative.	1998 Act, s4: ‘dependants’ of a worker means such of the members of the worker’s family as were wholly or in part dependant for support on the worker at the time of the worker’s death, or would but for the incapacity due to the injury have been so dependant, and includes: a person so dependant to whom the worker stands in the place of a parent or a person so dependant who stands in the place of a parent to the worker, and a divorced spouse of the worker so dependant, and a person so dependant who: in relation to an injury received before the commencement of Schedule 7 to the Workers’ Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998 — although not legally married to the worker, lived with the worker as the worker’s husband or wife on a permanent and genuine domestic basis, or in relation to an injury received after that commencement — is the de facto partner of the worker. Note: ‘De facto partner’ is defined in s21C of the Interpretation Act 1987 (NSW). 1987 Act, s25(5): ‘ in this section: ‘child of the worker’ means a child or stepchild of the worker and includes a person to whom the worker stood in the place of a parent. ‘dependant child of the worker’ means a child of the worker who was wholly or partly dependant for support on the worker. ‘student’ means a person receiving full-time education at a school, college or university. Workers’ Compensation (Dust Diseases) Act 1942, s8(2B)(a) — persons dependant for support upon a worker ‘…immediately before the worker’s death, being the following and no other person or persons: a prescribed relative of the worker, or a surviving spouse and a child or children of the worker’.	Broad definition of ‘dependant’ — encompasses same sex relationships.	The compensation payable to each dependant of a deceased worker may be apportioned by the Workers’ Compensation Commission or by the NSW Trustee – s29 1987 Act
Victoria		s3, Workplace Injury Rehabilitation and Compensation Act 2013 — ‘dependant’ means a person who: at the time of the death of a worker was wholly, mainly or partly dependant on the earnings of the worker, or would but for the incapacity of a worker due to the injury have been wholly, mainly or partly dependant on the earnings of the worker s3 — ‘spouse’ of a person means a person to whom that person is married. s3: ‘partner’ of a worker means: in relation to a worker who died before the commencement of s4 Statute Law Amendment (Relationships) Act 2001 — the worker’s spouse at the time of the worker’s death; or a person of the opposite sex who, though not married to the worker, lived with the worker at the time of the worker’s death on a permanent and bona fide domestic basis; b) in relation to a worker who dies on or after that commencement — the workers’ spouse or domestic partner at the time of the worker’s death. s3 — ‘domestic partner’ of a person means: a person who is in a registered domestic relationship, or a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender).	Yes s234: Revised compensation for death of worker Includes definitions: ‘partially dependant partner’ means a partner who is to any extent dependant on the worker’s earnings, ‘dependant partner’ means a partner wholly or mainly dependant on the worker’s earnings.	s3 — ‘member of a family’ means the partner, father, mother, grandfather, grandmother, stepfather, step-mother, son, daughter, grandson, grand-daughter, step-son, step-daughter, brother, sister, half-brother, half-sister of the person and any person who stands in the place of a parent in relation to the person.
Queensland	Chapter 3 part 11: dependant – Workers’ Compensation and Rehabilitation Act 2003.	s27 — Meaning of dependant — A dependant, of a deceased worker, is a member of the deceased worker’s family who was completely or partly dependant on the worker’s earnings at the time of the worker’s death or, but for the worker’s death, would have been so dependant. s29 — Who is the spouse of a deceased worker: a) The spouse, of a deceased worker, includes the worker’s de facto partner only if the worker and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of s32DA Acts Interpretation Act 1954: generally — (i) for a continuous period of at least 2 years ending on the worker’s death; or (ii) for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long term, committed relationship, or b) if the deceased left a dependant who is a child of the relationship — immediately before the worker’s death.	Under the Acts Interpretation Act 1954, ‘spouse’ includes a de facto partner or civil partner. For either de facto partner or civil partner, the gender of the person is not relevant.	s28 — Meaning of member of the family — A person is a member of the family of a deceased worker, if the person is — the worker’s: spouse, or parent, grandparent and stepparent, or child, grandchild and stepchild, or brother, sister, half-brother and half-sister, or if the worker stands in the place of a parent to another person — the other person, or if another person stands in the place of a parent to the deceased worker — the other person.
Western Australia	s5, Workers’ Compensation and Injury Management Act 1981 — ‘dependants’ means such members of the worker’s family as were wholly or in part dependent upon the earnings of the worker at the time of his death, or would, but for the injury, have been so dependant.	s5 — ‘member of a family’ means spouse, de facto partner, parent, grandparent, step-parent; any person who stands in the place of a parent to another person and also that other person, son, daughter, ex-nuptial son, ex-nuptial daughter, grandson, grand-daughter, step-son, step-daughter (whether the step-son or step-daughter is legally adopted by the worker or not), brother, sister, half-brother, half-sister; and with respect to an ex-nuptial worker includes the workers’ parents, and his brothers and sisters, whether legitimate or ex-nuptial, who have at least one parent in common with the worker. s5 — ‘de facto partner’ a person who, immediately before the death of the worker, was living in a de facto relationship with the worker and had been living on that basis with that worker for at least the previous 2 years; and any former de facto partner of the worker if the worker was legally obliged immediately before the death of the worker to make provision for that former de facto partner with respect to financial matters. s5 — ‘spouse’ includes any former spouse of the worker if the worker was legally obliged immediately before the death of the worker to make provision for that former spouse with respect to financial matters.	No specific reference is provided with regard to same sex relationships. However, same sex de facto relationships have been recognised in WA law since 2002. The Interpretation Act 1984 s13A(3)(a) — states, with regard to references to de facto relationships and de facto partners, that ‘It does not matter whether the persons are different sexes or the same sex.’	—
South Australia	s59 — Dependent spouse, domestic partner, dependent child, dependent relative.	Section 4 includes definitions of spouse and child for the purposes of applicability of death benefits. A spouse includes legally married couples and domestic partner of a worker if he or she lives with the worker in a close personal relationship and the person: has been so living with the worker continuously for the preceding period of 3 years, or has during the preceding period of 4 years so lived with the worker for periods aggregating not less than 3 years, or has been living with the worker for a substantial part of a period referred to in subparagraph (i) or (ii) and the Corporation considers that it is fair and reasonable that the person be regarded as the domestic partner of the worker for the purposes of this Act, or ‘Child’, in relation to a deceased worker, includes a person in relation to whom the worker stood, at the date of death, in loco parentis And under s61(1)a in relation to lump sums, child means a person who: is under the age of 18; or is a full-time student at an educational institution approved by the Corporation for the purposes of this paragraph and is under the age of 26 years; or is, by reason of physical or mental injury, incapable of earning a living	Not explicitly referenced, however is included within the broader definition of a domestic partner — s4	s4 — Dependant, in relation to a deceased worker, means a relative of the worker who, at the time of the worker’s death: was wholly or partially dependant for the ordinary necessities of life on earnings of the worker, or would, but for the worker’s injury, have been so dependent, and includes a posthumous child of the worker, and dependent has a corresponding meaning
Tasmania	Wholly or partially dependant spouse/caring partner Where there is no dependant spouse or caring partner, a wholly or partially dependant child/children. — s67, Workers Rehabilitation and Compensation Act 1988	‘caring partner’, in relation to a person, means: a) the person who is in a caring relationship with that person which is the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003, or b) the person who was, at the time of the death of the first-mentioned person, in a caring relationship with that person which was the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003. ‘spouse’ includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003. — s3 ‘dependant caring partner’ means a caring partner who is a dependant. ‘dependant spouse’ means a spouse who is a dependant. ‘child’ means a person who: (a) is under the age of 16 years, or (b) is 16 years or more, but less than 21 years and is a full time student. ‘dependant child’ means a child who is a dependant. — s65.	Yes, included in s67 as a result of the definitions of spouse and caring partner	‘dependants’ means such members of the family of the worker in relation to whom the term is used as: a) were dependent, wholly or in part, upon the earnings of that worker at the time of his death, or b) would have been so dependent but for the incapacity due to the injury. ‘member of the family’, in relation to a worker, means: a) the spouse, caring partner, father, step-father, grandfather, mother, step-mother, grandmother, son, grandson, daughter, grand-daughter, step-son, step-daughter, brother, sister, half-brother, and half-sister of that worker, or b) a person to whom the worker stood in loco parentis.— s3
Northern Territory	s49 Return to Work Act 1986 – Dependant. For funeral benefit – person responsible for cost of funeral s62(1)(A)	Dependant, in relation to a worker, means: a spouse or other member of the worker’s family a person to whom the worker stood in loco parentis or who stood in loco parentis to the worker a grandchild of the worker. who was wholly or in part dependant on his or her earnings at the date of his or her death or who would but for the worker’s incapacity due to the injury resulting in his or her death, have been so dependant	Not explicitly referenced, however is included within the broader definition of a de facto partner pursuant to the De Facto Relationships Act – 3A	Spouse, in relation to a person, includes a de facto partner of the person – s49 Interpretation Act s19A(3) - In any Act, de facto partner and de facto relationship have the meanings in s3 of the De Facto Relationships Act ‘Prescribed child’ means a child of the deceased worker, or child in relation to whom the deceased worker stood in loco parentis, and who: has not attained the age of 16 years; or having attained that age but not having attained the age of 21 years, is a full-time student or is physically or mentally handicapped, other than such a child who is the spouse of another person. ‘Family’, in relation to an Aboriginal or Torres Strait Islander, includes all persons who are members of the person’s family according to the customs and traditions of the particular community of Aboriginals or Torres Strait Islanders with which the person identifies
Australian Capital Territory	s77(2) Workers Compensation Act 1951 — Dependants	Dictionary: dependant of a dead worker, means an individual: who was totally or partly dependant on the worker’s earnings on the day of the worker’s death or who would, apart from the worker’s incapacity because of the injury, have been so dependant, and who was: a member of the worker’s family, or a person to whom the worker acted in place of a parent or who acted in place of a parent for the worker.	Yes, the definition does not limit the meaning of dependant to a heterosexual relationship	Dictionary: member of the family, in relation to a worker or an employer, means the grandchild, child, stepchild, adopted child, sister, brother, half-sister, half-brother, domestic partner, parent, step-parent, mother-in-law, father-in-law or grandparent of the worker or employer. Note: For the meaning of domestic partner, see s169 of the Legislation Act 2001. If a worker has died, the definition of domestic partner elsewhere in the dictionary provides that the term refers to the person who was the worker’s domestic partner when the worker died. Dictionary: domestic partner, of a worker who has died, means the person who was the worker’s domestic partner when the worker died. Note: This definition qualifies the meaning of domestic partner given by s169 of the Legislation Act 2001.
C’wealth Comcare	s17 Safety, Rehabilitation and Compensation Act 1988 — Dependants	s4 — dependant, in relation to a deceased employee, means: the spouse, parent, step parent, father in law, mother in law, grandparent, child, stepchild, grandchild, sibling or half sibling of the employee, or a person in relation to whom the employee stood in the position of a parent or who stood in the position of a parent to the employee, being a person who was wholly or partly dependant on the employee at the date of the employee’s death. s4 — Spouse includes: in relation to an employee or a deceased employee — a person who is, or immediately before the employee’s death was, a de facto partner of the employee, and in relation to an employee or a deceased employee who is or was a member of the Aboriginal race of Australia or a descendant of indigenous inhabitants of the Torres Strait Islands — a person who is or was recognised as the employee’s husband or wife by the custom prevailing in the tribe or group to which the employee belongs or belonged.	Yes The Same Sex Relationships (Equal Treatment in Commonwealth Laws-General Law Reform) Act 2008 commenced on and from 10 December 2008. It removed discrimination against same-sex couples, their dependants and their dependant children from a wide range of Commonwealth laws including the Safety, Rehabilitation and Compensation Act 1988
C’wealth Seacare	s29 Seafarers Rehabilitation and Compensation Act 1992 — Dependants	s15(2) — For the purposes of this Act, a person who, immediately before the date of an employee’s death, lived with the employee and was: the employee’s spouse, or a prescribed child of the employee, is taken to be a person who was wholly dependent on the employee at that date. s3 — Spouse includes: in relation to an employee or a deceased employee — a person who is, or immediately before the employee’s death was, a de facto partner of the employee, and in relation to an employee or a deceased employee who is or was a member of the Aboriginal race of Australia or a descendant of indigenous inhabitants of the Torres Strait Islands — a person who is or was recognised as the employee’s husband or wife by the custom prevailing in the tribe or group to which the employee belongs or belonged.	Yes The Same Sex Relationships (Equal Treatment in Commonwealth Laws-General Law reform) Act 2008 commenced on and from 10 December 2008. It removed discrimination against same-sex couples, their dependants and their dependant children from a wide range of Commonwealth laws including the Seafarers Rehabilitation and Compensation Act 1992.
C’wealth DVA	MRCA — dependant partner, dependant eligible young persons, and other dependants (s15, s233, s251 and s262). DRCA — dependant partner, child, and other eligible dependants (s17).	Dependant means: persons in the following list who are partly or wholly economically dependent on the member (deemed for partners and eligible young persons if living with member) — (DRCA s17 & MRCA s15): DRCA s4 Persons from the following list who were wholly or partly economically dependent on the member: Spouse, parent, step-parent, father-in-law, mother-in-law, grandparent, child, stepchild, grandchild, sibling or half-sibling of the employee, or a person in relation to whom the employee stood in the position of a parent or who stood in the position of a parent to the employee. MRCA s15 Persons from the above list, plus the member’s partner’s: father, mother, step-father, step-mother, child, step-child, grandfather, and grandmother.	Yes, partner includes a person who is legally married to the member (whether of the same sex or different sex to the member) and a person who is in a de facto relationship (whether of the same sex or different sex to the member) — MRCA s5; DRCA s4 as defined by s2CA & s2F of the Acts Interpretation Act 1901.	If the member is a member of the Aboriginal race of Australia or a descendant of Indigenous inhabitants of the Torres Strait Islands the person is recognised as the member’s husband or wife by the custom prevailing in the tribe or group to which the member belongs. (s5 MRCA & s4 DRCA)
New Zealand	s69(e) Accident Compensation Act 2001 — Spouse or partner, children and other dependants	s18 — Spouse (in relation to deceased claimant) means a person (person A) to whom the claimant is legally married. However, person A is not the spouse of a claimant if: person A and the claimant are living apart, and the claimant is not contributing financially to person A’s welfare. s18A — Partner means a person (person A) with whom the claimant is in a civil union or a de facto relationship. However, person A is not the partner of a claimant if: person A and the claimant are living apart, and the claimant is not contributing financially to person A’s welfare.	No specific reference, however de facto partner is not defined, and civil unions in New Zealand are recognised in New Zealand for same sex couples. Same sex marriages are now recognised in New Zealand.	—