Document ID: chunk:federal_register_of_legislation:C2025C00175:section:4:p10
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 4 (pt 10/11)
Character Range: 39250–41710

the date of the employee's death if the person would have been so dependent but for an incapacity of the employee that resulted from an injury.
 (5) For the purposes of this Act, a person who, immediately before the date of an employee's death, lived with the employee and was:
 (a) the spouse of the employee; or
 (b) a child of the employee, being a prescribed child;
shall be taken to be a person who was wholly dependent on the employee at that date.
 (6) For the purposes of this Act, other than subsection 17(5), a child of a deceased employee who was born alive after the employee's death shall be treated as if he or she had been born immediately before the employee's death and was wholly dependent upon the employee at the date of the employee's death.
 (7) In ascertaining, for the purposes of this Act, whether a child is or was dependent on an employee, any amount of:
 (a) family tax benefit calculated under Part 2 or 3 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (an individual's Part A rate); and
 (c) carer allowance under that Act; and
 (d) double orphan pension under that Act;
shall not be taken into account.
 (8) A reference in this Act to an injury suffered by an employee is, unless the contrary intention appears, a reference to an injury suffered by the employee in respect of which compensation is payable under this Act.
 (9) A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:
 (a) an incapacity to engage in any work; or
 (b) an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth or a licensed corporation in that work or any other work immediately before the injury happened.
 (10) For the purposes of the application of this Act in relation to an employee employed by a licensed authority, or a dependant of such a person, a reference in this Act (other than in section 28 or Part III, V, VI, VII or VIII) to Comcare is, unless the contrary intention appears, a reference to that authority.
 (10A) For the purposes of the application of this Act in relation to an employee employed by a licensed corporation, or a dependant of such a person, a reference in this Act (except in section 28 or Part III, V, VI, VII or VIII) to Comcare is, unless the contrary intention appears, a reference to that corporation.
 (11) A reference in this Act to a claimant is, in relation to