243Provisional payments

243 Provisional payments (1) Subject to subsection (7), if it appears to the Authority or self-insurer that a person may be entitled to compensation in respect of the death of the worker, the Authority or self-insurer may make provisional payments to the person as follows— S. 243(1)(a) amended by No. 27/2025 s. 18(1). (a) weekly pension that may be payable under section 241(2)(a) for a period of up to 13 weeks from the date of death of the worker; S. 243(1)(ab) inserted by No. 27/2025 s. 18(2). (ab) weekly pension that may be payable under section 241(2)(b) for a period from the end of the first 13 weeks after the death of the worker until the end of 26 weeks after the death of the worker; (b) medical and other costs that may be payable under section 224(1)(a) up to a maximum of $8270; S. 243(1)(c) amended by No. 27/2025 s. 18(3). (c) family counselling, therapy and other support services costs that may be payable under section 224(1)(b) up to the maximum prescribed in that section; S. 243(1)(d) amended by No. 49/2018 s. 36(1). (d) the costs of the deceased worker's burial or cremation that may be payable under section 224(1)(c) up to the maximum amount determined as reasonable costs by the Authority under section 223(2); S. 243(1)(e) amended by Nos 49/2018 s. 36(2), 27/2025 s. 18(4). (e) reasonable travelling or accommodation expenses that may be payable under section 224(1)(e) up to the maximum prescribed in that section; S. 243(1)(f) inserted by No. 27/2025 s. 18(5). (f) the costs of forensic cleaning services that may be payable under section 224(1)(f) up to the maximum amount determined as reasonable costs by the Authority under section 223(2). (2) Except as provided by subsection (3)— (a) a provisional payment made under a paragraph in subsection (1) may be paid to more than one person; and (b) the total paid in respect of a deceased worker must not exceed the maximum set out in the relevant paragraph under that subsection regardless of how many persons receive provisional payments. S. 243(3) amended by No. 27/2025 s. 18(6). (3) Only one partner of a deceased worker may receive provisional payments under subsection (1)(a) or (ab). (4) A provisional payment made under this section is not a payment of compensation under this Act except for the purposes of— (a) calculating employer premiums; or (b) the reduction of common law damages under section 366(7)(a); or (c) seeking indemnity from a third party under section 369 or any other indemnity under this Act; or (d) seeking a refund of payments under section 599 or any other amount relating to the recovery of payments under this Act. (5) A decision made by the Authority or self-insurer to make provisional payments under this section is not an admission of liability to pay compensation under this Act. (6) If liability to pay compensation in respect of the death of a worker is accepted, or determined by a court to be payable, after a provisional payment has been made to a person— (a) under subsection (1)(a), any liability the Authority or self-insurer has to the person to whom the payment was made under section 241(2)(a) is discharged to the extent of that payment; or S. 243(6)(ab) inserted by No. 27/2025 s. 18(7)(a). (ab) under subsection (1)(ab), any liability the Authority or self-insurer has to the person to whom the payment was made under section 241(2)(b) is discharged to the extent of that payment; or (b) under subsection (1)(b), any liability the Authority or self-insurer has under section 224(1)(a) is discharged to the extent of that payment; or (c) under subsection (1)(c), any liability the Authority or self-insurer has under section 224(1)(b) is discharged to the extent of that payment; or S. 243(6)(d) amended by No. 27/2025 s. 18(7)(b). (d) under subsection (1)(d), any liability the Authority or self-insurer has under section 224(1)(c) is discharged to the extent of that payment; or S. 243(6)(e) inserted by No. 27/2025 s. 18(7)(c). (e) under subsection (1)(e), any liability the Authority or self-insurer has to the person to whom the payment was made under section 224(1)(e) is discharged to the extent of that payment; or S. 243(6)(f) inserted by No. 27/2025 s. 18(7)(c). (f) under subsection (1)(f), any liability the Authority or self-insurer has to the person to whom the payment was made under section 224(1)(f) is discharged to the extent of that payment. S. 243(7) amended by No. 10/2022 s. 73, substituted by No. 27/2025 s. 18(8). (7) The Authority or self-insurer must not make provisional payments to a person under this section in respect of the death of the worker if it appears to the Authority or self-insurer that the worker's death resulted from or was materially contributed to by a heart attack injury, disease or stroke injury unless at the time of the worker's death— (a) the Authority or the self-insurer had already accepted a claim for compensation made by the worker in respect of that injury or disease; and (b) the worker was receiving compensation payments in respect of that injury or disease. (8) The Authority may make guidelines for the purposes of this section relating to the process to be observed by the Authority or self-insurer when acting under this section. (9) The Authority must ensure that guidelines made under subsection (8) are published and are generally available. (10) Proceedings must not be brought in respect of any question or matter arising out of a decision of the Authority or self-insurer under this section. S. 243A inserted by No. 10/2022 s. 74.