17Compensation for injuries resulting in death

#### 17 Compensation for injuries resulting in death (1) This section applies where an injury to an employee results in death. (2) Subject to this section and sections 16 and 18, if the employee dies without leaving dependants, compensation is not payable in respect of the injury. (3) Subject to this section and to sections 16 and 18, if the employee dies leaving dependants some or all of whom were, at the date of the employee’s death, wholly dependent on the employee, Comcare is liable to pay compensation in respect of the injury of $400,000 and that compensation is payable to, or in accordance with the directions of, Comcare for the benefit of all of those dependants. (4) If the employee dies without leaving dependants who were wholly dependent on the employee at the date of the employee’s death but leaving dependants who were partly dependent on the employee at that date: (a) subject to this section and to sections 16 and 18, Comcare is liable to pay compensation in respect of the injury of such amount, not exceeding $400,000, as Comcare determines, having regard to any losses suffered by those dependants as a result of the cessation of the employee’s earnings; and (b) that compensation is payable to, or in accordance with the directions of, Comcare for the benefit of those dependants. (5) If: (a) a prescribed child was, at the date of the injury or at the date of the employee’s death, wholly or mainly dependent on the employee; (b) a prescribed child, being a child of the employee, was born after the employee’s death; or (c) a prescribed child would, if the employee had not died, have been wholly or mainly dependent on the employee; Comcare is liable to pay compensation at the rate of $110 a week and that compensation is payable to, or in accordance with the directions of, Comcare for the benefit of that child from the date of the employee’s death or the date of the birth of the child, whichever is the later. (6) Compensation is not payable under subsection (5) in respect of: (a) any period during which the child is not a prescribed child; and (b) in the case of a child referred to in paragraph (5)(c)—any period during which, if the employee had not died, the child would not have been wholly or mainly dependent upon the employee. (7) An amount of compensation paid or payable under this Act before the death of an employee: (a) is not affected by subsection (2); (b) shall not be deducted from the compensation payable under subsection (3); and (c) shall not be taken into account in determining the compensation payable under subsection (4). (8) Where an amount of compensation is payable under this section for the benefit of 2 or more dependants of the deceased employee, Comcare shall determine the shares of those dependants in that amount as Comcare thinks fit, having regard to any losses suffered by those dependants as a result of the cessation of the employee’s earnings. (9) A reference in this section to a dependant of a deceased employee shall be read as a reference to a dependant by or on behalf of whom a claim is made for compensation under this section. (10) Where claims for compensation under this section are made by or on behalf of 2 or more dependants of a deceased employee, Comcare shall make one determination in respect of those claims.