Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 29

Who is the spouse of a deceased worker

29 Who is the spouse of a deceased worker

(1) The
"spouse" , of a deceased worker, includes the worker’s de facto partner only if the worker and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA
(a) generally—
(i) for a continuous period of at least 2 years ending on the worker’s death; or
(ii) for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or
(b) if the deceased left a dependant who is a child of the relationship—immediately before the worker’s death.
(2) In this section—

"child of the relationship" means a child of the worker and the de facto partner, and includes a child born after the worker’s death.

"dependant" includes a child born after the worker’s death who would have been completely or partly dependent on the worker’s earnings after the child’s birth if the worker had not died.



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