Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commonwealth is liable to pay compensation for a person if:
(a) the person:
(i) was an eligible young person; and
(ii) was a dependant of a deceased member;
immediately before the member's death; and
(b) the person was wholly or mainly dependent on the member immediately before the member's death; and
(c) the member was paid compensation for the week before the week in which the member died under one or more of the following provisions:
(i) section 68, 71 or 75 (permanent impairment);
(ii) Part 3 or 4 of Chapter 4 (incapacity for service or work);
(iii) Part 6 of Chapter 4 (Special Rate Disability Pension); and
(d) there is no wholly dependent partner of the member:
(i) who is entitled to compensation under section 242; or
(ii) who would be entitled to compensation under that section if a claim for compensation in respect of the partner were made; and
(e) a claim for compensation in respect of the person has been made under section 319.
Note 1: Section 257 sets out who the compensation is payable to.
Note 2: This Part does not apply to an eligible young person who was also the wholly dependent partner of the deceased member (see section 260).
(2) In paragraph (1)(c):
(a) a reference to compensation paid for a week does not include a reference to compensation paid as a lump sum; and
(b) a reference to compensation paid includes a reference to compensation that the member was entitled to be paid.