Record who can claim Victorian statutory benefits after a work-related death

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From the relationships and the cause of death, using a firm-controlled tool, table the dependant and family classes the WorkSafe page states, and mark that no current dollar amount was on the page. Do not calculate a sum.
What the lawyer must review
  • Decide which opened class each person meets.
  • Do not state a dollar amount. The page does not give one.
  • A heart attack, stroke or disease death has no immediate package unless an accepted claim was being paid.
  • Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Written for / version
Victoria versionVICNSWQLD

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Victoria, WorkSafe page on a work-related death claim

Produce. A dependant table with amounts left unstated.

Have ready. Relationship of each person to the worker; Whether each relied on the worker's income; Cause of death and whether a claim was already accepted.

Example of the limit. Illustrative example: A partner and a 17-year-old full-time apprentice ask about support after a death from a disease. The table records both relationship tests and that the immediate package is not offered unless a claim was already being paid. It leaves the lump sum blank. The lawyer does not invent the figure.

Stop and hand it back when

  • A dollar amount would have to be taken from the 2023 table.
  • The task has become a common-law dependency claim.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceFrom the relationships and the cause of death, using a firm-controlled tool, table the dependant and family classes the WorkSafe page states, and mark that no current dollar amount was on the page. Do not calculate a sum.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Class each person as dependant, close family or immediate family only on the page's definitions.
  2. If the death was a heart attack, stroke or disease, record that the immediate package is not offered unless an accepted claim was being paid.
  3. Leave every dollar figure blank.
  4. Do not prepare a court application. The page says a Magistrate Court decides a payment to a child, a payment for a person with a disability, and a non-dependent hardship expense claim.

Sources

No generative-AI practice note of the Workplace Injury Commission, Medical Panels or a Victorian court was opened. Apply the forum's current direction before a document is lodged.

The 2023 comparison table states amounts and section numbers. It was not used. The page also mentions Centrelink, which is a different task.

If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.

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