67BCommencement of weekly payments to dependants

67B Commencement of weekly payments to dependants

[Section 67B Inserted by No. 65 of 2004, s. 16, Applied:17 Dec 2004]

(1)  Where an employer receives a claim for weekly payments under section 67A(1)(a) and the deceased worker’s first pay day after receipt of that claim –

(a) would have been not later than 14 days after receipt of that claim, the employer must –

(i) if it is reasonably practicable to do so, commence making weekly payments to the worker’s dependants on the first pay day; or

(ii) in any other case, commence making weekly payments to the worker’s dependants not later than 14 days after receipt of that claim; or

(b) is later than 14 days after the receipt of that claim, the employer must commence making weekly payments of compensation to the worker's dependants on that pay day.

(2)  An employer who fails to comply with subsection (1) is guilty of an offence.

Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(3)  Weekly payments payable under section 67A(1)(a) are payable –

(a) from the date of death of the worker; or

(b) 28 days prior to the date on which the claim was given to the employer –

whichever is the later.

(4)  Where an employer receives more than one claim for weekly payments under section 67A(1)(a) , the amount of the weekly payment is to be divided equally among those claims unless the Tribunal determines otherwise.

(5)  In this section –

pay day means the day on which the deceased worker would have normally received salary or wages from his or her employer.