QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.29Who is the spouse of a deceased worker
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### sec.29 Who is the spouse of a deceased worker
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 the Acts Interpretation Act 1954 , section 32DA —
generally—
for a continuous period of at least 2 years ending on the worker’s death; or
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
if the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.
In this section—
child of the relationship means a child of the worker and the de facto partner, and includes a child born after the worker’s death.
dependant includes a child born after the worker’s death who would have been completely or partly dependent on the worker’s earnings after the child’s birth if the worker had not died.
(sec.29-ssec.1) 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 the Acts Interpretation Act 1954 , section 32DA — generally— for a continuous period of at least 2 years ending on the worker’s death; or 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 if the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.
(sec.29-ssec.2) In this section— child of the relationship means a child of the worker and the de facto partner, and includes a child born after the worker’s death. dependant includes a child born after the worker’s death who would have been completely or partly dependent on the worker’s earnings after the child’s birth if the worker had not died.
- (a) 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
- (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.
- (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