6.1.3.5 Determine liability
Upon receipt of the recommendation of the panel firm, the Agent should determine:
- liability for the death of the worker
- whether the deceased worker is a ‘worker’ under the legislation
- the relationship between the worker’s death and employment
- who was financially dependent on the deceased
- whether, if the deceased worker left no dependents, there are non-dependent family members Family member means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner eligible to make a claim.
If established, death and dependency entitlements can be paid.
See: Entitlements | Guidelines for Claims for Compensation following the Death of a Worker
Definition of a ‘worker’
When determining if the deceased worker is a ‘worker’ under the legislation, the same rules for a worker apply.
See: Define a worker
Information to determine liability
Where practical and relevant, information and documents are required to establish:
- the cause of death
- the relationship between the death and employment.
The type and amount of information or documents required varies based on the cause of death.
Generally, documents or information required will include but not be limited to:
- death certificate
- birth certificates for minors
- health records
- employment records
- accident reports (Victoria Police etc).
For further assistance for information and documentation required – see: Guidelines for Claims for Compensation following the Death of a Worker.
Information to determine dependency
For dependency claims received by an Agent on and from 10 December 2009, a partner who resided with the deceased worker at the time of the worker’s death is deemed to have been dependent on the earnings of the deceased worker at the time of his or her death.
To make a determination of the dependency status (wholly, mainly and partially) of the dependent/s, generally documents or information required will include but not be limited to:
- deceased tax returns
- partner tax returns
- business tax returns
- bank records
- marriage certificate (or equivalent documentation).
For further assistance for information and documentation required – see: Guidelines for Claims for Compensation following the Death of a Worker.
Information for non-dependent family members
The Magistrates’ Court will determine what documentation or information is required for non-dependent family member Family member means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner applications.
Additional dependency information
Where possible, the Agent should obtain from each dependent:
- a completed Tax File Number Declaration Form
- bank details where electronic funds transfer is preferred.
The Agent should ensure these documents are received before the statutory entitlement being determined to enable prompt payment/s.
Collection of information and documents
In consultation with the allocated panel firm, if it is determined that information or documents are needed or outstanding, Agents can request this information directly from the dependant/s or the dependants’ legal representative.
The Agent may write or visit the dependant/s for the information (their legal representative should be made aware of the contact).
Exchange of information
The Agent and/or panel firm should exchange documents and information with the dependant’s legal representative or dependant directly, if not legally represented.
Concerns about the release of privacy information to a third party should be referred to the Agent’s Privacy Officer or to the panel firm.
Liability determination made
After a determination of liability and dependency has been made, the Agent can commence payment of the weekly pension and medical and like expenses.
If liability for the death of the worker and/or dependency is disputed, the claim may be referred to the Magistrates’ Court or County Court by the dependent/s or their legal representative.