Document ID: chunk:federal_register_of_legislation:C2025C00186:section:4:p8
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 4 (pt 8/9)
Character Range: 30766–33312

being family or being relatives) are taken to include (without limitation):
 (a) relationships between de facto partners; and
 (b) relationships of child and parent that arise:
 (i) if someone is an exnuptial or adoptive child of a person; or
 (ii) because of the definitions of child and parent in this section; and
 (c) relationships traced through relationships referred to in paragraphs (a) and (b).
 (3) For the purposes of this Act, any physical or mental injury or ailment suffered by an employee as a result of medical treatment of an injury shall be taken to be an injury if, but only if:
 (a) compensation is payable under this Act in respect of the injury for which the medical treatment was obtained; and
 (b) it was reasonable for the employee to have obtained that medical treatment in the circumstances.
Note: However, members of the Defence Force with service after the MRCA commencement date might be taken not to have suffered a physical or mental injury or ailment (see section 4AA and subsection 6A(2A)).
 (4) For the purposes of this Act, a person shall be taken to have been wholly or partly dependent on an employee at 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