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Workers Rehabilitation and Compensation Act 1988
68Dependency questions and apportionment
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### 68 Dependency questions and apportionment
> > (1) *\[Section 68 Subsection (1) amended by No. 50 of 1992, s. 10 \]**\[Section 68 Subsection (1) amended by No. 16 of 1995, s. 45 \]*In default of agreement as to who are the dependants of a deceased worker or the amount to be paid to each dependant –
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> > > > (a) a dependant, or a person on behalf of a dependant, or a person claiming to be a dependant, of the deceased worker;
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> > > > (b) the employer of the deceased worker; or
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> > > > (c) the licensed insurer of the employer –
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> > may refer the matter to the Tribunal for determination as to who are the dependants of the deceased worker or the amount to be paid to each dependant.
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> > (2) *\[Section 68 Subsection (2) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*Where, upon hearing the matter referred to it under [subsection (1)](#GS68@Gs1@EN) , the Tribunal is satisfied that a deceased worker has left either total or partial dependants or both total and partial dependants, the Tribunal may determine that the compensation payable under this Act in respect of the deceased worker shall be apportioned, in accordance with the provisions of the determination –
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> > > > (a) partly between the total dependants;
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> > > > (b) partly between the partial dependants; or
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> > > > (c) partly between both the total and partial dependants.