91EDefinitions applicable to this Division

91E Definitions applicable to this Division S. 91E def. of *deductible amount* inserted by No. 80/2010 s. 50(1), amended by No. 67/2013 s. 628(2)(a). ***deductible amount*** means the sum of the value, in respect of a week, of each non-pecuniary benefit referred to in section 5AB(1)(d) that is provided by the employer to a worker in respect of that week (whether or not received by the worker during the relevant period), being a non-pecuniary benefit that— (a) was provided by the employer to the worker for the performance of work by the worker before the worker sustained the relevant injury and continues after the injury to be provided by the employer for the benefit of the worker or a member of the family of the worker; or (b) was not provided by the employer before the worker sustained the relevant injury but is provided by the employer after the injury for the benefit of the worker or a member of the family of the worker; ***first entitlement period,*** in relation to a claim for compensation in the form of weekly payments made by a worker— (a) if the claim is made by a pre‑12 November 1997 claimant and relates to an injury arising before that date, means an aggregate period of incapacity for work not exceeding 26 weeks (whether or not consecutive) after the worker became entitled to compensation in the form of weekly payments in respect of the incapacity; (b) if the claim is made on or after 12 November 1997, means an aggregate period not exceeding 13 weeks (whether or not consecutive) in respect of which a weekly payment has been paid or is payable to the worker; ***pre-12 November 1997*** ***claimant***, in relation to a claim for compensation in the form of weekly payments given, served or lodged before 12 November 1997 in respect of an injury arising before that date, means a worker who— (a) as at that date, was entitled to compensation in the form of weekly payments in accordance with section 93A or 93B (as in force before the commencement of section 31 of the **Accident Compensation Amendment Act 2010**); or (b) on or after that date, was determined under this Act to have been so entitled as at 12 November 1997; or (c) but for the operation of section 96 (as in force before the commencement of section 31 of the **Accident Compensation Amendment Act 2010**) would have been so entitled as at 12 November 1997; ***second entitlement period***, in relation to a claim for compensation in the form of weekly payments made by a worker— (a) if the claim is made by a pre‑12 November 1997 claimant and relates to an injury arising before that date, means an aggregate period of 78 weeks (whether or not consecutive) after the first entitlement period in respect of which a weekly payment has been paid or is payable to the worker; (b) if the claim is made on or after 12 November 1997 and received by the Authority or self-insurer before 1 January 2005, means an aggregate period of 91 weeks (whether or not consecutive) after the expiry of the first entitlement period in respect of which a weekly payment has been paid or is payable to the worker; (c) if the claim is received by the Authority or self-insurer on or after 1 January 2005, means an aggregate period of 117 weeks (whether or not consecutive) after the expiry of the first entitlement period in respect of which a weekly payment has been paid or is payable to the worker; S. 91E def. of *serious injury* amended by No. 67/2013 s. 628(2)(b). ***serious injury***, in relation to a claim for compensation in the form of weekly payments made before 12 November 1997*,* means an injury to a worker in respect of which the worker's degree of impairment, if assessed by the Authority or self-insurer in accordance with section 91, would be 30 per cent or more; S. 91E def. of *week* inserted by No. 67/2013 s. 628(2)(c), amended by No. 21/2015 s. 3(Sch. 1 item 2.1). ***week***, for the purposes of— (a) paragraph (b) of the definition of ***first entitlement period***; (b) the definition of ***second entitlement period***; (c) the definition of ***enhancement period***; (d) calculating a period of weeks referred to in section 93CE, 114 (other than subsection (5A)(b), (9A)(b)(ii) or (13)(c) or (e)), 116 or 117— means a week in respect of which any amount of compensation in the form of weekly payments or weekly payments of pension or superannuation contributions is paid or payable, whether for all or any part of that week. S. 91EA inserted by No. 80/2010 s. 51. 91EA Twice State average weekly earnings (1) Where, under this Division— (a) a person is entitled, in relation to a financial year, to an amount at the rate of the whole or a part of twice the State average weekly earnings; and (b) continues to be so entitled; and (c) the amount of State average weekly earnings is reduced in respect of a subsequent financial year— the person's entitlement, in respect of that subsequent financial year, is to be calculated as if the reduction had not taken effect, except for the purposes of this section. (2) If the amount of State average weekly earnings— (a) is reduced in respect of a financial year; and (b) is increased in respect of a subsequent financial year— that increase has effect in relation to a person to whom subsection (1) applies only to the extent (if any) to which the amount of the increase exceeds the amount of the reduction in respect of the previous financial year, or that part of the reduction that has not been set off against a previous increase. (3) For the purposes of this Act, if twice the State average weekly earnings is an amount that includes a fraction of a dollar, a reference in this Act to twice the State average weekly earnings is a reference to that amount calculated— (a) if that amount is less than $1000, to the nearest whole dollar; (b) if that amount is more than $1000, to the nearest $10. S. 91EA(4) inserted by No. 41/2016 s. 4. (4) For the purposes of this section— (a) a person who becomes entitled, in relation to a financial year, to an amount at the rate of the whole or a part of twice the State average weekly earnings; and (b) in that financial year, the amount of State average weekly earnings is reduced in respect of the previous financial year— the person's entitlement, in respect of that financial year, is to be calculated using the amount of State average weekly earnings in the last preceding financial year in which the State average weekly earnings was not reduced. S. 92 substituted by No. 64/1989 92 Compensation for death of a worker S. 92(1A) inserted by No. 107/1997 s. 26. (1A) This section does not apply in respect of a death occurring on or after 12 November 1997. S. 92(1) amended by Nos 67/1992 s. 64(9)(a), 50/1993 s. 37(1), substituted by No. 9/2010 s. 67(1). (1) If a worker's death results from or is materially contributed to by an injury which entitles the worker's dependants to compensation, the amount of the compensation must be determined— (a) if a dependant does not have legal representation, or is a minor or a person under a disability, by the court in accordance with this section; or (b) in all other cases, by the Authority or self insurer in accordance with this section.[[5]](#endnote-6) (2) If the worker leaves any dependants wholly or mainly dependent on the worker's earnings the amount of compensation shall be— S. 92(2)(a) amended by No. 7/1996 s. 49(b). (a) the sum of $128 420; and S. 92(2)(b) amended by No. 7/1996 s. 49(c). (b) the appropriate additional sum specified in Column 2 of the Table to this subsection in the case of each child under the age and having the status specified in Column 1 of that Table who— (i) was wholly or mainly dependent on the earnings of the worker at the time of the death; or (ii) would, but for the incapacity of the worker prior to the worker's death, have been wholly or mainly dependent on the earnings of the worker at the time of death. | *Column 1 Years of Age* | *Column 2 Amounts of Compensation* | | | $ | | Under 1 | 24 470 | | Under 2 | 22 870 | | Under 3 | 21 310 | | Under 4 | 19 720 | | Under 5 | 18 140 | | Under 6 | 16 540 | | Under 7 | 14 970 | | Under 8 | 13 410 | | Under 9 | 11 840 | | Under 10 | 10 260 | | Under 11 | 8 690 | | Under 12 | 7 120 | | Not under 12 but under 16 | 5 530 | | Not under 16 but under 21 (full-time student) | 5 530 | S. 92(3) amended by Nos 67/1992 s. 37(1), 7/1996 s. 49(b), 9/2010 s. 67(2). (3) If the worker does not leave any dependants wholly or mainly dependent on the worker's earnings but leaves any dependants partly dependent upon the worker's earnings, the amount of compensation shall be a sum not exceeding $128 420 which the court, Authority or self‑insurer[[6]](#endnote-7) considers is reasonable and appropriate to the injury to those dependants. S. 92(4) amended by Nos 67/1992 s. 37(1), 7/1996 s. 49(b), 9/2010 s. 67(3). (4) If the worker being under the age of 21 years at the time of the injury leaves no dependants but immediately before the injury was contributing towards the maintenance of the home of the members of the worker's family, the members of the worker's family shall be deemed to be dependants of the worker partly dependent on the worker's earnings and the amount of compensation shall be a sum not exceeding $128 420 which the court, the Authority or self‑insurer[[7]](#endnote-8) considers is reasonable and appropriate to the injury to those dependants. (5) In determining whether a spouse was wholly, mainly or in part dependent on the worker at the time of the death of the worker or other relevant time, no regard shall be had to any money which the spouse had earned or was earning by his or her own personal exertion or to any savings arising from any such earnings. S. 92(6) amended by Nos 67/1992 s. 37(1), 9/2010 s. 67(4). (6) If there are both total and partial dependants, the court, the Authority or self-insurer[[8]](#endnote-9) shall determine the amount of compensation payable and shall allot the compensation to the total dependants and to the partial dependants in such proportions as it determines. S. 92(7) substituted by No. 67/1992 s. 64(9)(b), amended by Nos 50/1993 s. 37(1), substituted by No. 9/2010 s. 67(5). (7) A dependant is entitled to interest at the prescribed rate on an amount of compensation determined in accordance with this section— (a) in the case of a determination by the court—in respect of the period beginning on the date the claim for compensation was lodged in accordance with section 103 and ending on the date of the determination; or (b) in the case of a determination made by the Authority or self-insurer—in respect of the period beginning on the date the claim was lodged in accordance with section 103 and ending on the date the Authority or self‑insurer makes the determination.[[9]](#endnote-10) S. 92A inserted by No. 107/1997 92A Revised compensation for death of worker S. 92A(1) def. of *child* amended by No. 9/2010 s. 68(1). ***child*** means a person who— (a) is under the age of 16 years; or (b) is 16 years or more but under the age of 25 years and is a full-time student or full-time apprentice; S. 92A(1) def. of *close family member* inserted by No. 27/2025 s. 43(1). ***close family member*** of a worker means a person who, at the time of the worker's death— (a) was a partner, parent, guardian, step‑parent, grandparent, sibling or step-sibling of the worker or a person to whom the worker was a parent, step‑parent or guardian; and (b) had a genuine personal relationship with the worker; S. 92A(1) def. of *corresponding law* inserted by No. 9/2010 s. 68(2)(a). ***corresponding law*** means an Act of another State or Territory in relation to the status of a child who is born after the death of a person whether or not the birth of that child was a result of an assisted reproductive treatment using the gametes, or an embryo formed from the gametes, of the deceased person; S. 92A(1) def. of *dependent child* substituted by No. 9/2010 s. 68(2)(b). ***dependent child*** means a child who is a dependant of the worker and includes— (a) an orphan child; (b) a child born after the death of the worker where the deceased worker is that child's parent because of the **Status of Children Act 1974** or a corresponding law; S. 92A(1) def. of *dependent spouse* substituted as *dependent partner* by No. 27/2001 s. 4(Sch. 2 item 1.4(a)), substituted by No. 80/2010 s. 52(1)(a). ***dependent partner*** means a partner who is, or would be but for the incapacity of the worker due to injury, wholly or mainly dependent on the worker's earnings; S. 92A(1) def. of *orphan child* amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(b)), 102/2004 s. 14(1)(a). ***orphan child*** means a child— (a) who is a child of the worker and whose other parent— (i) was dead before the death of the worker; or (ii) was not, at the time of the death of the worker, a dependent partner of the worker and did not at that time wholly, mainly or in part provide economic support for the child; or (b) who is not a child of the worker and— (i) whose parents were both dead before the worker died; or (ii) neither of whose parents, at the time of the death of the worker, wholly, mainly or in part provided economic support for the child and neither of whom was at that time a dependent partner of the worker; S. 92A(1) def. of *partially dependent partner* inserted by No. 102/2004 s. 14(1)(b), substituted by No. 80/2010 s. 52(1)(b). ***partially dependent partner*** means a partner who is, or would be but for the incapacity of the worker due to injury, to any extent dependent on the worker's earnings. S. 92A(2) amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(c)), 80/2010 s. 52(2). (2) In determining, for the purposes of this section, whether a partner was a dependent partner at the time of the death of the worker or other relevant time, no regard shall be had to any money which the partner had earned or was earning by his or her own personal exertion or to any savings arising from any such earnings. S. 92A(2A) inserted by No. 9/2010 s. 68(3). (2A) For the purposes of this section and section 92B, a partner who resided with the worker at the time of the worker's death is deemed to have been dependent on the earnings of the worker at the time of the worker's death. S. 92A(2B) inserted by No. 9/2010 s. 68(3). (2B) Subsection (2A) applies to all claims first received on and from 10 December 2009— (a) by the Authority, whether forwarded by the employer or lodged by a partner to which that subsection applies; or (b) by a self-insurer, having been given or served on the self-insurer by a partner to which that subsection applies. S. 92A(3) substituted by No. 9/2010 s. 68(4). (3) If a worker's death results from or is materially contributed to by an injury which entitles the worker's dependants to compensation, the amount of compensation must be determined— (a) if a dependant does not have legal representation, or is a minor or a person under a disability, by the court in accordance with this section; or (b) in all other cases, by the Authority or self‑insurer in accordance with this section. S. 92A(4) amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(d) (i)(ii)), 102/2004 s. 38(1)(c), 41/2006 s. 11(1), 9/2010 s. 68(5), 80/2010 s. 82(c), 67/2013 s. 632(c). (4) If the worker leaves a dependent partner, or dependent partners, and no dependent child, the amount of compensation is $555 350 payable to the dependent partner or, if there is more than one, in equal shares to the dependent partners. S. 92A(5) amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(e)), 102/2004 s. 38(1)(c), 41/2006 s. 11(1), 9/2010 s. 68(5), 80/2010 s. 82(c), 67/2013 s. 632(c). (5) If the worker leaves no dependent partner and no dependent children other than an orphan child or orphan children, the amount of compensation is $555 350 payable to that orphan child or, if there are 2 or more, in equal shares for those children. S. 92A(6) amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(f) (i)(ii)), 102/2004 s. 38(1)(d)(e), 41/2006 s. 11(2)(3), 9/2010 s. 68(6), 80/2010 s. 82(d)(e), 67/2013 s. 632(d)(e), substituted by No. 67/2013 s. 628(3). (6) If the worker leaves a dependent partner, or dependent partners, and one, and only one, dependent child, the amount of compensation is $555 350 of which— S. 92A(6)(a) amended by No. 44/2014 s. 27(1). (a) $55 530 is payable to the dependent child; and (b) the balance— (i) is payable to the dependent partner; or (ii) if there is more than one dependent partner, is payable in equal shares to each of the dependent partners. S. 92A(7) amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(f) (i)(ii)), 102/2004 s. 38(1)(c), 41/2006 s. 11(1), 9/2010 s. 68(7)(a) (as amended by No. 80/2010 s. 159(l)(i)), 80/2010 s. 82(f), 67/2013 s. 632(f). (7) If the worker leaves a dependent partner, or dependent partners, and more than one and not more than 5 dependent children, the amount of compensation is $555 350 payable in the following shares— S. 92A(7)(a) amended by Nos 102/2004 s. 38(1)(f), 41/2006 s. 11(4), 9/2010 s. 68(7)(b), 80/2010 s. 82(g), 67/2013 s. 632(g). (a) $27 770 to each dependent child; and S. 92A(7)(b) amended by No. 27/2001 s. 4(Sch. 2 item 1.4(f) (i)(ii)). (b) the balance to the dependent partner or, if more than one, in equal shares to the dependent partners. S. 92A(8) amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(f) (i)(ii)), 102/2004 s. 38(1)(c)(g) (h), 41/2006 s. 11(1)(5)(6), 9/2010 s. 68(8)(a)-(c), 80/2010 s. 82(h)-(j), 67/2013 s. 632(h)-(j), substituted by No 44/2014 s. 27(2). (8) If a worker leaves a dependent partner, or dependent partners, and more than 5 dependent children, the amount of compensation is $555 350 of which— (a) $416 520 is payable— (i) to the dependent partner; or (ii) if there is more than one dependent partner, in equal shares to each of the dependent partners; and (b) the balance is payable to each of the dependent children in equal shares. S. 92A(8A) inserted by No. 26/2000 s. 14, amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(g)), 102/2004 s. 38(1)(c), 41/2006 s. 11(1), 9/2010 s. 68(9) (as amended by No. 80/2010 s. 159(l)(ii)), 80/2010 s. 82(k), 67/2013 s. 632(k). (8A) If the worker does not leave a dependent partner but leaves a dependent child (not being an orphan child) or a dependent child (not being an orphan child) and any other dependent children (including any other orphan children), that dependent child is, or if more than one, each of those dependent children are, entitled to the amount of compensation being such share of a sum not exceeding $555 350 which the court, the Authority or self-insurer considers is reasonable and appropriate to the injury to the dependent child or, if more than one dependent child, to those dependent children. S. 92A(8B) inserted by No. 102/2004 s. 14(2), amended by Nos 41/2006 s. 11(1), 9/2010 s. 68(9) (as amended by No. 80/2010 s. 159(l)(ii)), substituted by No. 80/2010 s. 52(3), amended by No. 67/2013 s. 632(k), substituted by No. 67/2013 s. 628(4), amended by Nos 44/2014 s. 27(3), 21/2015 s. 3(Sch. 1 item 2.2). (8B) In relation to a claim first received— S. 92A(8B)(a) amended by No. 44/2014 s. 27(3). (a) on or after the day after the day on which the **Workplace Injury Rehabilitation and Compensation Act 2013** receives the Royal Assent; or (b) before that day but not determined by the court, the Authority or self-insurer before that day— if the worker leaves— (c) one or more partially dependent partners or; (d) one or more partially dependent partners and one or more dependants, whether dependent children or dependent partners— each such dependent is entitled to the amount of compensation, being a share of a sum not exceeding $555 350, which the court, the Authority or self-insurer considers is reasonable and appropriate to the injury to that dependant. S. 92A(8C) inserted by No. 27/2025 s. 43(1A). (8C) If a worker leaves— (a) one or more dependants, whether dependent partners or dependent children or partially dependent partners; and (b) any other person who is to any extent dependent on the worker's earnings— each person referred to in paragraph (b) is entitled to an amount of compensation, being a sum not exceeding $20 000, which the court, Authority or self-insurer considers is reasonable and appropriate to the injury to that person. S. 92A(8D) inserted by No. 27/2025 s. 43(1A). (8D) To avoid doubt, a determination of the amount of compensation to which a dependant is entitled under subsection (4), (5), (6), (7), (8), (8A) or (8B) is not affected by, and does not affect, a determination of the amount of compensation to which a dependant is entitled under subsection (8C). S. 92A(9) amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(g)), 102/2004 ss 14(3), 38(1)(c), 41/2006 s. 11(1), 9/2010 s. 69(10), 80/2010 s. 82(k), 67/2013 s. 632(k). (9) If the worker does not leave any dependent partner, dependent child or partially dependent partner but leaves any other person who is to any extent dependent on the worker's earnings, the amount of compensation is a sum not exceeding $555 350 which the court, Authority or self-insurer considers is reasonable and appropriate to the injury to that person or, if more than one, to those persons in such shares as the court, the Authority, or self-insurer determines. S. 92A(10) amended by Nos 27/2001 s. 4(Sch. 2 item 1.4(g)), 102/2004 s. 14(3), 9/2010 s. 68(11). (10) If the worker, being under the age of 21 years at the time of the injury, leaves no dependent partner, dependent child or partially dependent partner but, immediately before the injury, was contributing to the maintenance of the home of the members of the worker's family, the members of the worker's family are deemed to be dependants of the worker partly dependent on the worker's earnings. S. 92A(11) amended by No. 9/2010 s. 68(12). (11) If, under this section, compensation is payable to a minor or a person under a disability, the compensation must be paid to a trustee for the minor or person under a disability appointed by the court to be invested, applied or otherwise dealt with for the benefit of the child as the trustee thinks fit. S. 92A(11A) inserted by No. 27/2025 s. 43(2). (11A) In addition to any other compensation paid under this section, the amount of compensation payable on the death of the worker to each close family member of the worker is $10 000. S. 92A(11B) inserted by No. 27/2025 s. 43(2). (11B) Subsection (3) does not apply to an amount of compensation payable under subsection (11A). S. 92A(12) substituted by No. 9/2010 s. 68(13). (12) A claimant is entitled to interest at the prescribed rate on an amount of compensation determined in accordance with this section— (a) in the case of a determination by the court—in respect of the period beginning on the date the claim for compensation was lodged in accordance with section 103 and ending on the date of the determination; or (b) in the case of a determination by the Authority or self-insurer—in respect of the period beginning on the date the claim was lodged in accordance with section 103 and ending on the date the Authority or self‑insurer makes the determination. S. 92AA inserted by No. 9/2010 s. 69. 92AA Reimbursement of expenses incurred by non-dependent family members of a deceased worker S. 92AA(1) def. of *expenses* amended by No. 80/2010 ss 53(1)(a), 78(c). ***expenses*** does not include— (a) the cost of any service or contribution that may be claimed under Division 2B of Part IV; (b) the legal or other costs of a member of the deceased worker's family incurred by that person as a result of a dispute arising from the deceased worker's will, or the distribution of the deceased worker's estate; (c) an expense incurred as a result of the loss of a service provided to a member of the deceased worker's family; S. 92AA(1) def. of *maximum amount* amended by Nos 80/2010 s. 82(l), 67/2013 s. 632(l). ***maximum amount*** means an amount of $33 120 in total for expenses incurred as a result of a worker's death, regardless of how many members of the deceased worker's family apply under this section. (2) If a worker's death results from, or is materially contributed to by, an injury arising out of or in the course of employment and if— (a) had the worker had a dependant, or dependants at the time of his or her death, the injury would have entitled that dependant or dependants to compensation under this Act; and S. 92AA(2)(b) amended by No. 80/2010 s. 53(1)(b). (b) the worker did not have any dependants at the time of his or her death— a member of the worker's family may apply to the Magistrates' Court for an order that the Authority or a self-insurer (as appropriate) reimburse the applicant for expenses incurred as a result of the worker's death. (3) An application under this section must— (a) specify the expenses of the applicant incurred as a result of the death of the worker and how the incurring of those expenses caused financial hardship to the applicant; (b) be made within 2 years after the date of the worker's death unless subsection (4) applies. (4) The Magistrates' Court may grant leave to an applicant to apply out of time, if the applicant has a special excuse for not making the application within time. (5) On application under this section, the Magistrates' Court may, in its discretion, order that the Authority or a self-insurer reimburse an applicant for expenses not exceeding the maximum amount if the Court is satisfied that— (a) the expenses incurred by the applicant were as a result of the death of the worker; and (b) the expenses were reasonably incurred and are of a reasonable amount; and (c) the incurring of the expenses caused financial hardship to the applicant. (6) In making an order under this section, the Magistrates' Court may order that more than one applicant in respect of a deceased worker be reimbursed by the Authority or self-insurer under this section however the total amount ordered to be reimbursed in respect of the deceased worker must not exceed the maximum amount regardless of how many applicants apply in respect of that deceased worker. (7) The Magistrates' Court must not award any interest if making an order for reimbursement of an applicant under this section. (8) A reimbursement of expenses under this section is not a payment of compensation under this Act except for the purposes of— (a) calculating employer premiums; (b) contributions under Division 6A of Part IV; S. 92AA(8)(c) amended by No. 80/2010 s. 53(1)(c). (c) seeking indemnity from a third party under section 138 or any other indemnity under this Act; S. 92AA(8)(d) amended by No. 80/2010 s. 53(1)(d). (d) seeking a refund of payments under section 249A or any other amount relating to the recovery of payments under this Act. S. 92B inserted by No. 107/1997