Family supports changes following a work-related death - Workplace Safety Legislation and Other Matters Amendment Act 2022
Information about changes to family supports which became law on 16 March 2022 and commenced on July 1.
Information about changes to family supports which became law on 16 March 2022 and commenced on July 1.
The Act amends the Accident Compensation Act 1985 (AC Act) and the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) to improve entitlements for families of deceased workers.
The changes provide additional support to families of a deceased worker and acknowledge the hardships and challenges they might face. The changes also recognise the additional needs of a dependant who lives with a disability.
The Act includes four changes to improve outcomes and services to the families of deceased workers.
The Bill extends the duration of weekly pension payments for children with a disability from the age of 16 to the age of 25. Currently, child pensions end at age 16 unless the child is a full-time student or a full-time apprentice. The amendment recognises the financial dependency of children with disabilities, and the expectation that a parent would have provided ongoing financial support if not for their death.
An appointed guardian will now be able to receive provisional payments on behalf of a person with a disability or who is a minor. Provisional payments are payments made under the WIRC Act before the finalisation of a claim. These types of payments provide immediate financial support to a dependent partner in order to minimise the economic harm resulting from the loss of the deceased worker's income.
Where a worker dies as a result of a work-related injury, their family will continue receiving household help services for six months. This change will provide greater support for the family following a work-related death.
Costs incurred outside of Australia related to a funeral, burial, cremation, or repatriation of a deceased worker's body can now be compensated. This amendment would also support the costs for family members to travel from overseas to attend the burial or cremation of the deceased worker in Australia. A cap of $15,230 will apply to these overseas expenses, which is the same as for expenses incurred in Australia. These costs will be subject to the same determination of reasonableness as currently applied by WorkSafe.
These changes will apply to any workplace death that occurs on or after 1 July 2022. Children's entitlement to the pension will apply retrospectively to anyone between the ages of 16 and 25 at the time the changes commence.
WorkSafe has updated guidance for families and dependants after a work-related death.
The Workplace Safety Legislation and Other Matters Amendment Act 2022 and other Parliamentary documents can be found on the Victorian Legislation website.