92DProvisional payment

92D Provisional payment

(1) Subject to subsection (7), if it appears to the Authority or self-insurer that a person may be entitled to compensation in respect of the death of the worker, the Authority or self-insurer may make provisional payments to the person as follows—

S. 92D(1)(a) amended by No. 27/2025 s. 44(1).

(a) weekly pension that may be payable under section 92B(3)(a) for a period of up to 13 weeks from the date of death of the worker;

S. 92D(1)(ab) inserted by No. 27/2025 s. 44(2).

(ab) weekly pension that may be payable under section 92B(3)(b) for a period from the end of the first 13 weeks after the death of the worker until the end of 26 weeks after the death of the worker;

S. 92D(1)(b) amended by Nos 80/2010 s. 82(m), 67/2013 s. 632(m).

(b) medical and other costs that may be payable under section 99(1)(a) up to a maximum of $8270;

S. 92D(1)(c) amended by Nos 80/2010 s. 78(d), 27/2025 s. 44(3).

(c) family counselling, therapy and other support services costs that may be payable under section 99(1)(b) up to the maximum prescribed in that section;

S. 92D(1)(d) amended by Nos 80/2010 s. 78(e), 67/2013 s. 630(1)(a), 49/2018 s. 39(1).

(d) the costs of the deceased worker's burial or cremation that may be payable under section 99(1)(c) up to the maximum amount determined as reasonable costs by the Authority under section 99AAA(2);

S. 92D(1)(e) inserted by No. 49/2018 s. 39(2), amended by No. 27/2025 s. 44(4).

(e) reasonable travelling or accommodation expenses that may be payable under section 99(1)(d) up to the maximum prescribed in that section;

S. 92D(1)(f) inserted by No. 27/2025 s. 44(5).

(f) reasonable costs of forensic cleaning that may be payable under section 99(1)(e) up to the maximum amount determined as reasonable costs by the Authority under section 99AAA(2).

(2) Except as provided by subsection (3), a provisional payment made under a paragraph in subsection (1) may be paid to more than one person however the total paid in respect of a deceased worker must not exceed the maximum set out in the relevant paragraph under that subsection regardless of how many persons receive provisional payments.

S. 92D(3) amended by No. 27/2025 s. 44(6).

(3) Only one partner of a deceased worker may receive provisional payments under subsection (1)(a) or (ab).

(4) A provisional payment made 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;