Legislation Changes - Total and Permanent Incapacity, Terminal Illness, or Deceased Workers

The worker must have accrued a minimum of 55 days of service.

Satisfactory medical evidence must be provided by a suitably qualified medical practitioner registered under the Health Practitioner Regulation National Law (Western Australia), confirming either:

• The worker’s permanent incapacity to work in the construction industry, or
• A terminal diagnosis likely to result in death within 12 months.

To access entitlements following the death of a worker, the personal representative, being either the executor of the estate or the spouse or de facto partner of the deceased, must provide the following documentation:

• Death Certificate
  A certified copy of the worker’s death certificate.
• Executor of the Estate
  If the personal representative is acting as the executor, evidence of legal authority to do so must be provided. Acceptable documents include grant of probate, or letters of administration.
• Spouse or De Facto Partner
  If the personal representative is the spouse or de facto partner of the deceased worker, evidence must be provided demonstrating financial dependency on the worker immediately prior to death.
  • For a spouse, a copy of the marriage certificate (if available) and supporting documentation such as a joint bank account or other evidence of shared financial arrangements.
  • For a de facto partner, evidence of the relationship, which may include joint ownership of property, joint bank accounts, and other documentation consistent with the criteria outlined in Section 13A of the Interpretation Act 1984 (WA).