Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 No 83
11 Provisions relating to compensation for injury or
(1) This section applies to compensation payable under section
(2) If death results from the injury, the compensation prescribed by
section 25 (1) (a) of the Principal Act is payable even if the fire fighter
left no dependants or left only dependants in part dependent for support on
the fire fighter.
(3) If the fire fighter left no dependants, the compensation payable
under subsection (2) is payable to the legal personal representative of the
(4) The compensation payable under subsection (2) to each dependant of
a fire fighter may be apportioned by the Authority.
(4A) The compensation payable under subsection (2) is not to be
apportioned if a fire fighter leaves only one dependant (whether wholly or
partly dependent on the fire fighter for support) and the whole of the
compensation payable under subsection (2) is to be paid to that one
(4B) In apportioning the compensation payable under subsection (2)
between 2 or more dependants, the whole of the amount payable is to be
apportioned among those dependants (so that the sum of the apportioned amounts
equals the full amount of the compensation payable under subsection
(5) In determining the weekly payments of compensation payable to a
fire fighter, the fire fighter’s current weekly wage rate (if less than
the fire fighter’s average weekly earnings) shall be increased by the
amount of the difference.
(6) In determining the weekly payments of compensation payable to a
(a) the maximum weekly payment prescribed by section 35 of the
Principal Act does not apply, and
(b) section 40 of the Principal Act (weekly payment during partial
incapacity) shall be construed as if the words “but not exceeding
$1,000” were omitted from that section.
(7) If a fire fighter was not working under a contract of service at
the time the fire fighter received the injury, the fire fighter’s
“average weekly earnings” or “current weekly wage
rate” for the purposes of this Part shall be such amount as the
Authority considers is fair and reasonable in the
(8) Compensation payable to a fire fighter or other person under this
Part shall be reduced by such amount as the fire fighter or other person is
entitled to or has received as compensation in respect of the same injury
under Part 3 of this Act or under any provisions of the Principal Act, or
under any Act or ordinance relating to workers’ compensation of any
State or Territory of the Commonwealth.