57Death benefit for surviving partner

57 Death benefit for surviving partner S. 57(1) amended by Nos 84/2000 s. 3(5)(a), 27/2001 s. 4(Sch. 2 item 4.7(a)). (1) The Commission is liable to pay a death benefit under this section to a surviving partner of a person who dies as a result of a transport accident. S. 57(2) amended by Nos 32/1988 s. 14(2)(a), 84/1994 s. 55(2)(n), 84/2000 s. 3(5)(b). (2) Subject to subsection (4), the amount of the death benefit under this section is the amount calculated in accordance with the formula— where A is— S. 57(2)(a) amended by No. 84/2000 s. 3(5)(b). (a) if at the date of death the person was 75 or over—75; or S. 57(2)(b) amended by No. 84/2000 s. 3(5)(b). (b) if at the date of death the person was 25 or under—25; or S. 57(2)(c) amended by No. 84/2000 s. 3(5)(b). (c) if at the date of death the person was over 25 and under 75—the age of the person at that date in whole years— less, if the person has received an impairment benefit under section 47 in respect of the transport accident, the amount of that benefit. S. 57(3) amended by Nos 32/1988 s. 14(2)(b), 84/1994 s. 55(2)(n), 84/2000 s. 3(5)(b), 27/2001 s. 4(Sch. 2 item 4.7(a)). (3) Subject to subsection (4), if, at the date of death of the person, there is more than one surviving partner, the amount of $103 210 referred to in subsection (2) shall, in determining the benefit for each surviving partner, be taken to be the amount calculated in accordance with the formula— B is the number of years during which the surviving partner was a dependent partner of the person. C is the sum of the years during which each other surviving partner of the person was a dependent partner of the person. S. 57(4)(a) amended by No. 84/2000 s. 3(5)(b). (a) any dependent children of the person would have been entitled to a death benefit under section 59 but for the operation of section 59(9); and S. 57(4)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.7(b)(i)). (b) a surviving partner is entitled to a death benefit under this section— then— S. 57(4)(c) amended by Nos 84/1994 s. 55(2)(n), 27/2001 s. 4(Sch. 2 item 4.7(b) (i)(ii)). (c) each such child is entitled to an equal share of an amount calculated in accordance with the formula— S is one or, if there is more than one surviving partner, the number of surviving partners; and S. 57(4)(d) amended by No. 84/1994 s. 55(2)(n). (d) the reference in the formula in subsection (2) and (3) to $103 210 shall be deemed to be a reference to an amount calculated in accordance with the formula— S has the same meaning as in paragraph (c). S. 57(5) amended by Nos 84/2000 s. 3(5)(a), 27/2001 s. 4(Sch. 2 item 4.7(c)). (5) The Commission is not liable to pay a death benefit under this section to a surviving partner or dependent child of a person who dies as a result of a transport accident if the surviving partner or dependent child receives an award or makes a settlement of damages in respect of the death. S. 57(6) inserted by No. 18/2022 s. 30. (6) The Commission is not liable to pay a death benefit under this section to a surviving partner or dependent child of a person who dies as a result of a transport accident (the ***deceased partner or parent***) if the surviving partner or dependent child is convicted of— (a) an offence of murder or manslaughter, the commission of which involved the killing of the deceased partner or parent and use of a motor vehicle; or (b) an offence under section 318(1) or 319(1) of the **Crimes Act 1958** or a corresponding law in respect of driving a motor vehicle at that time that caused the death of the deceased partner or parent. S. 57(7) inserted by No. 18/2022 s. 30. (7) For the purposes of subsection (6), the Minister may, by Order published in the Government Gazette, declare a law of another State or a Territory, including a law that has been repealed or has expired, to be a corresponding law for the purposes of that subsection. S. 58 (Heading) inserted by No. 27/2001 s. 4(Sch. 2 item 4.8).