COPING WITH A WORKPLACE DEATH

DISCLAIMER The details contained in this booklet have been prepared with due care and are believed to be correct at the time of publication. This booklet provides general information about the processes surrounding the investigation of a workplace fatality. This publication does not represent a comprehensive statement of the law as it applies to particular situations or to individuals nor is it a substitute for legal advice. Parts of this material are reproduced with the permission of WorkCover New South Wales and the Commission for Occupational Safety and Health, Western Australia.

TABLE OF CONTENTS
Foreword The Role of Investigating Agencies: SafeWork SA SA Police State Coroner SafeWork SA Processes: Investigation Prosecution Court Process Obtaining A SafeWork SA Report Coronial Inquest Personal Issues to Deal With Where Will The Deceased Be Taken? Post Mortem Obtaining a Copy of the Post Mortem Report Arranging The Funeral Coping Emotionally Grief Counselling Financial Matters Death Certificate Wills, Grants and Probate Workers Compensation Key Definitions Superannuation and Life Insurance Money Owed by Employer Urgent Bills Centrelink Legal Assistance The Law Society Legal Services Commission Lists of Contacts and Resources Counselling Support On-line Information Financial Support and Information Wills Legal Assistance Other Contacts 2 3 3 3 4 4 4 5 6 7 9 11 11 11 11 11 13 14 14 14 14 16 17 18 18 18 18 19 19 19 19 20 20 22 22 23 23 24

FOREWORD
If you are reading this, it may well be because someone close to you has died suddenly or unexpectedly at work. Coping with the loss of a loved one under such circumstances is a most painful and difficult experience. As you try to come to terms with this, you will be confronted by a range of situations and decisions that you may find overwhelming. In an attempt to help you through this difficult time, SafeWork SA has compiled the following information. Some of it may apply to you and some may not. Because of the circumstances of your loss you may have to deal with a number of legal, judicial and statutory authorities, such as police, the court system and WorkCover. The information provided in this booklet is intended to assist you to deal with such authorities. By understanding their roles, responsibilities and processes we hope that you are relieved of some of the pressures confronting you. For more information about the progress of a specific investigation, please contact us on 8303 0400.

Michele Patterson Executive Director SafeWork SA

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THE ROLE OF INVESTIGATING AGENCIES

The role of SafeWork SA SafeWork SA is the government agency responsible for administering all occupational health, safety and welfare legislation in South Australia. This includes the investigation of workplace incidents in which people have been seriously or fatally injured. The purpose of an investigation is to: find out exactly what happened try to prevent it happening again determine whether any occupational health and safety laws have been breached. Investigators will interview all people who may be able to assist in understanding what occurred. These people may include eyewitnesses, other employees and the employer. Family members may also be asked to make a statement to assist in the investigation. The investigation process can be complicated and can take several months (or longer in certain circumstances) to complete. If you wish, SafeWork SA can keep you updated about the investigation as it progresses. On completion, a copy of the investigation report is provided to the Coroners Court. The family (or their legal representatives) of a person fatally injured at work can apply to SafeWork SA for a summary report. This is covered in further detail in the section: 'Obtaining A SafeWork SA Report'. The role of the South Australia Police The police are called immediately after a workplace death and perform a number of important roles such as: notifying the next of kin informing the Coroners Court arranging for a family member or close friend to formally identify the deceased conducting an investigation to establish whether any criminal offences were committed inquiring if necessary into the cause of death on behalf of the Coroner, and preparing a full report for the Coroner.
Co-operation between SafeWork SA and the police SafeWork SA and the police work closely together and may conduct a joint investigation. In some circumstances this may not be possible and separate enquiries will be made. In such cases, you will be informed about the progress of the investigations by both agencies.

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Sometimes it is important for the police and SafeWork SA to interview witnesses separately because the information they require will be different. Confidentiality provisions bind each department, so it is not always appropriate or possible to share information.

The role of the State Coroner The State Coroner is a judicial officer who: ensures investigations and inquests into deaths, fires, accidents and the disappearance of missing persons are properly managed makes what are called findings about the cause of death in certain cases decides if it is necessary to hold an inquest into the death or disappearance of a person, a fire or an accident conducts inquests to determine the cause or circumstances of a death, disappearance, fire or accident.
The Coroner is appointed and the Coroners duties are conducted in accordance with the Coroners Act 2003. SAFEWORK SA PROCESSES Investigation

An occupational health and safety investigation is a search for information about an incident that uses evidence to establish: what has occurred how it occurred who, if anyone, is responsible whether it could or should have been prevented.
An investigation involves collecting evidence, including:

witness statements photographs equipment in use samples objects found at the scene documentary evidence such as safe operating procedures and training records. An investigation may also involve the engagement of experts to examine evidence and provide reports about their findings.
The range of possible investigation outcomes includes:

giving verbal directions (only in situations where the hazard can be controlled while the inspector is present)
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 issuing Improvement and Prohibition notices mounting a prosecution. Depending on the circumstances, it may be appropriate for more than one of the above actions to be taken, or for no further action to be taken. At the minimum, SafeWork SA undertakes a preliminary investigation of all reported deaths that occur in or around a workplace to establish whether they fall within the scope of the Occupational Health, Safety and Welfare Act 1986. Some deaths, such as death by natural causes or while journeying between work and home, do not fall within the scope of the Act and are not considered to be work-related. In these cases, unless there is evidence that the deceaseds work may have contributed to their death, the investigation is finalised. The duration of an investigation depends on the complexity of the matter. Determining the cause of an incident sometimes requires machinery or materials to be tested, while determining responsibility will depend on the relationships between employers, employees, contractors, sub-contractors and others. The decision to prosecute Before a prosecution begins, there must be a reasonable prospect of success. This criterion is initially considered by SafeWork SA officers, including investigators, managers and lawyers. If it is decided to proceed to prosecution, the case is referred to the Crown Solicitors Office for its assessment and advice on evidence. The Crown Solicitors Office represents SafeWork SA in court and its lawyers provide their opinion based on their experience in prosecuting occupational health and safety cases. As part of this assessment, the case may be referred back to the investigator for the collection of additional evidence before a final determination is made. The prospect of success is a legal consideration that depends on the facts of the particular case as established by the evidence collected during investigation. The evidence must be capable of proving that an offence under the Occupational Health, Safety and Welfare Act 1986 (the Act) has occurred in relation to the incident. Because offences under the Act are criminal offences, they must be proved beyond reasonable doubt in order to obtain a conviction. This is called the burden of proof and is a higher burden than the balance of probabilities applied in civil matters. Not all matters that involve a work-related fatality will result in a prosecution. This decision is made on a case-by-case basis after carefully considering whether a breach or breaches have occurred and whether or not they can be proved beyond reasonable doubt.
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For more information about the decision to prosecute, refer to the SafeWork SA Enforcement Policy, which is available by visiting www.safework.sa.gov.au and going to About Us, or by contacting SafeWork SA.

COURT PROCESS
Offences under the Occupational Health, Safety and Welfare Act 1986 are criminal offences and are generally heard by magistrates appointed to the South Australian Industrial Relations Court. Once the final decision is made to prosecute, a document called a Complaint and Summons is filed in the Magistrates division of the Industrial Relations Court. The complaint is the mechanism for laying charges, and must be filed within two years of the alleged offence occurring. The party charged with an offence is called the defendant. The summons is the order whereby the defendant is required to attend court and includes the date and time of the defendants first appearance. A defendant is unlikely to enter a plea at their first appearance and will be required to attend every month or two until they indicate that they will enter a plea. The court will not allow the defendant to adjourn indefinitely. If the defendant chooses to plead guilty, each party (prosecution and defence) will make penalty submissions to the court. One to two hours will be set aside at a later date for the Crown Solicitors Office, representing SafeWork SA, and the defendants lawyer to each tell the Magistrate what range they think the penalty should be in and why. The maximum penalty for an offence is specified in the Occupational Health, Safety and Welfare Act 1986 but the Magistrate will also consider the provisions of the Criminal Law Sentencing Act 1988 in determining a penalty. Non-monetary penalties may also be determined as an additional or alternative sanction. In most cases, the penalty handed down is likely to be lower than the maximum penalty. A range of considerations is taken into account in setting the penalty; it is not the purpose of the penalty to place a value on a life. Both parties have the right to appeal against the penalty on the grounds that they consider it to be either manifestly inadequate or manifestly excessive. If the defendant pleads not guilty, a trial will be held at the end of which the Magistrate will decide whether the charges against the defendant are proved (guilty) or not proved (not guilty). The number of days or weeks set aside for the trial will depend on the amount of evidence to be heard. At the end of the trial, the matter will be adjourned until the Magistrate is ready to give their decision. If the charges are proved, the matter is adjourned for

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penalty submissions at a later date. If the charges are not proved, the defendant is acquitted. The parties have the right to appeal the finding as to guilt and/or the size of the penalty. Appeals in relation to these matters are initially heard before a Judge in the Industrial Relations Court. This is a simplified explanation of what may take place during prosecution. Variations to the process may occur, such as: more than one defendant is charged a defendant pleads guilty to some charges and not guilty to others trial hearing days occur in more than one block a disputed facts hearing is held an application is made to have the complaint withdrawn. The time taken by the court process will depend on how long it takes the defendant to decide on their plea, what the plea is, the duration of any proceedings and adjournments, and any other hearings that may occur. The shortest recent example was four months from filing the complaint to a guilty plea and conviction, while the longest recent example was around two and a half years from filing the complaint to a guilty finding at trial, which was then appealed by the defendant. If you wish to be updated about the progress of an investigation or prosecution, you should advise the investigating inspector. Obtaining a SafeWork SA Report SafeWork SA will make every attempt to provide the family of a person fatally injured at work with all legally available information obtained by the investigation in a timely manner. It is important, however, that you are aware of several legal and practical limitations affecting what can be released and when. Limitations Confidentiality provisions of the Occupational Health, Safety and Welfare Act 1986 and other safety related legislation limit the amount and type of information about an investigation that can be released. Practical complications can also arise when the person making the request is not clearly identifiable as a family member, or where the family is estranged and members object to the release of information to each other. If SafeWork SA or another regulatory body is considering prosecution, access to many documents will be delayed until all criminal proceedings and appeals are completed. Release of certain documents may prejudice court proceedings, potentially causing the case to be lost.

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In these cases, SafeWork SA will release what it can when your request is received, while other documents may be released once the legal process is completed. It is important to note that prosecution may take a number of years, and you may wish to withhold your request until that time. Accessing a Summary of Facts The family of a person fatally injured at work or their legal representative can write to SafeWork SA and request a summary report of the facts established by the investigating inspector. The summary will be provided on completion of the investigation and, if the matter is to be prosecuted, at the end of all criminal proceedings and appeals. Freedom of Information Act 1991 If you wish to obtain further information about the investigation findings or particular documents obtained during the investigation, you can request the information under the Freedom of Information Act 1991. Anyone can apply for information under this Act. The Freedom of Information Act gives you a legally enforceable right of access (subject to certain restrictions) to documents within the possession of South Australian Government agencies, local government authorities and South Australian universities. The purpose of Freedom of Information (FOI) is to make the business of government open and accountable to all. The fees and charges for making and processing an FOI application are listed on the application form, available by calling SafeWork SA or by visiting www.archives.sa.gov.au/foi/forms. All fees will be waived if you can prove you hold a concession card or are otherwise financially disadvantaged. SafeWork SA has 30 days in which to process your application once it is received. This does not mean that all documents will be provided within 30 days as the limitations on releasing documents subject to criminal proceedings apply. While the FOI legislation aims to provide access rather than prevent it, it does provide for the exemption of certain documents from release. Exemptions that tend to apply to SafeWork SA investigations would exclude: documents affecting law enforcement and public safety, where release would prejudice the fair trial of a person or the impartial adjudication of a case; documents containing personal information, including for example, allegations of criminal or other improper conduct that have not been proven by judicial process; documents created for the dominant purpose of obtaining or giving legal advice or use in litigation; and

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 documents that are the subject of confidentiality provisions such as s55 of the Occupational Health, Safety and Welfare Act 1986 and s9 of the Dangerous Substances Act 1979. The most common examples of documents exempt from release are where SafeWork SA is considering prosecution activity in relation to the incident and the release of such information could potentially prejudice such activity. Under these circumstances, the documents will not be released until the completion of the legal proceedings. If a document is deemed to be exempt from release, SafeWork SA may be required to deny you access to all or part of that document. If access is refused, you will be informed of the reasons and advised of your appeal rights. For information about accessing documents under the Freedom of Information Act, contact SafeWork SA and ask for the FOI Officer.

CORONIAL INQUEST
An inquest is a court hearing in which the Coroners Court gathers information to assist in determining the cause and circumstances of death and, if appropriate, to make recommendations that may prevent similar deaths occurring in the future. The Coroners Court will call witnesses to give evidence. However under the Coroner's Act, if there are criminal proceedings, a coronial inquriy may not be completed until such legal proceedings are finalised. An inquest is not a trial and it is not the Coroners role to establish whether a crime has been committed or to find a person guilty of that crime. It is an investigative process to identify the cause and circumstances of a death. As such, the Coroner is not bound by laws of evidence. However under the Coroner's Act, if there are criminal proceedings, a coronial inquiry may not be completed until such legal proceedings are finalised. Few deaths reported to the State Coroners Office become the subject of an inquest. However, the State Coroner may decide to hold an inquest if he or she believes the cause or circumstances of death are a matter of substantial public importance. Section 21 of the Coroners Act 2003 prescribes when an inquest must be conducted. A relative or person whom the State Coroner decides has a sufficient interest in the matter may request an inquest. The request must be made in writing to the State Coroner and state the reasons for the request. The State Coroner will consider those reasons when deciding whether or not to hold an inquest and the next of kin will be informed of the decision.

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If it is decided to hold an inquest, the next of kin listed by the State Coroner's Court will be advised in writing of the time and place of the hearing. After the inquest is completed, a copy of the Coroners findings and any recommendations will be sent to the next of kin. Usually any person may attend and listen to the court proceedings. In certain circumstances, the Coroner may exclude attendance by individuals or the public generally, or prohibit the publication of evidence. Next of kin are not required to attend an inquest unless they are called as witnesses. Attending an inquest can be unnerving or even traumatic for families, both because of the content of the evidence and by being unfamiliar with courtroom processes. Next of kin may choose to be represented by a lawyer but it is not essential. If you are asked to give evidence at an inquest, you can find out what you need to do from staff at the Coroners Court.

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PERSONAL ISSUES TO DEAL WITH

WHERE WILL THE DECEASED BE TAKEN? Depending on the circumstances, the deceased may be admitted to the Forensic Science South Australia Mortuary, transferred directly to a funeral home, or if the death occurred in a hospital, may temporarily remain in the hospital mortuary. POST-MORTEM A post-mortem examination, also known as an autopsy, is a step-by-step examination of the outside of the body and of the internal organs by a doctor known as a pathologist. It is conducted without unnecessary delay, usually within 48 hours of the death, to enable the body to be released to the deceaseds family as quickly as possible. Should your religious beliefs make it necessary for the body to be released sooner, please contact the Coroners Office. In most coronial cases a post-mortem is required to determine the precise cause of death. However on some occasions the State Coroner can determine the cause of death from the person's medical history and the police report on the circumstances surrounding the death. The State Coroner should be advised immediately in writing of any objection to a post-mortem being conducted so that it can be delayed while the objection is considered. Because the State Coroner has to bring down a finding as to the specific cause of death, it is their decision as to whether a post-mortem is conducted but objections raised by next of kin will be seriously considered. Obtaining a copy of the post-mortem report A copy of the post-mortem report may be made available to a next of kin through a nominated doctor who can explain the contents. If other special reports are prepared these can also be made available. If you are a next of kin and wish to receive a copy of the report, write to the Manager, State Coroners Office, 302 King William Street, Adelaide South Australia 5000. The letter should state your name, your relationship to the deceased and the name and address of the doctor to whom you would like the report sent. ARRANGING THE FUNERAL Arranging a funeral can mean making many decisions at a very difficult and emotional time. A funeral director should be approached as soon as possible. They will liaise with the Coroners Court about the release of the deceased, which cannot happen until the post-mortem is complete and the body has been formally identified.
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Funeral directors are there to offer help and guidance during one of life's most difficult times. To ensure the funeral arrangements reflect your needs: do not be reluctant to ask any questions be sure to discuss all the available financial options before making a decision select a funeral director that is licensed and has a good reputation in the community. The Australian Funeral Directors Association (AFDA) has a listing of funeral directors with AFDA membership (www.afda.org.au). The Yellow Pages also has a listing of funeral directors in your area plan a personalised ceremony or service to help you begin the healing process. Getting through grief is never easy but having a meaningful funeral or tribute will help discuss with the funeral director or minister of religion their role in the service to ensure you understand what you need to arrange. Other tasks that need to be performed may include: consulting the will of the deceased for any unique funeral arrangements to be made informing relevant people as quickly as possible, including relatives and friends, insurance company, doctor(s), the cemetery or memorial park (if one was specified in the will), any organisations, clubs, or unions to which the deceased may have belonged organising the funeral service e.g. location, type of service, casket or urn, flowers, music, cars, eulogy and pallbearers providing relevant information (e.g. surviving family members, location of services, etc.) for newspaper notices. Returned service personnel may be entitled to an official war grave. If you think this may be the case, contact the Commonwealth Department of Veterans Affairs on 133 254 or visit www.dva.gov.au. Websites such as www.funeraldirectory.com.au also give options for planning a funeral. Paying for the funeral Some people make a provision in their will for the payment of funeral costs. Some health funds, trade unions and other associations and clubs may provide a funeral benefit for members. Check whether these provisions are available to you.

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If you are suffering financial hardship, you may be eligible for the Families SA Funeral Assistance Program, which provides financial assistance for a basic funeral telephone 1300 762 577. The funeral director may ask for a deposit to be paid before the funeral, and for the balance to be paid by an agreed date. Ensure you check the terms and conditions for payment of the funeral before you commit to them. If a workers compensation claim is accepted, a funeral benefit may be payable. HOW YOU CAN COPE EMOTIONALLY The loss of a loved one in a work-related death is likely to be one of the most difficult experiences you will go through. Initially you may feel total shock and think this isnt real or it cant be true. The realities of your own future and that of your family may be a major concern. There is no single, easy way of dealing with such a loss, but the tips below may be helpful during the early days following your loved ones death.  Choose someone to help with the practical matters, such as arranging the funeral, and dealing with other immediate issues such as finances, contacting friends and family, liaising with police, etc  Be around as many good friends and family as possible. Keeping your support network close by is crucial at this time  Get as much sleep as you can. Although this may be difficult, having adequate rest will help you cope emotionally  Although you may not feel like eating, it is important to continue regularly eating nutritious food  Friends and relatives may ask if they can do anything to help. Although you may feel concerned about imposing on them, taking up an offer of a cooked meal, child minding or help with the housework may give you extra time to make arrangements  For major decisions it may be useful to consult a family member or trusted person. Grief can affect concentration, memory and emotion and you may not be in the best state to make important decisions  Relatives and friends may offer advice about how you should be grieving. Although some advice may be valuable, remember that everyones experience of grief is different. Try to take on advice that is of use to you and leave behind the advice that is well-meaning but unhelpful.

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Grief counselling Counselling or contact with a healthcare professional can be helpful in the early days and in the future. You may wish to see a supportive medical practitioner, a counsellor or contact a group such as Voice of Industrial Death (VOID), a South Australian support and advocacy group for people grieving as a result of workplace death. It can be helpful to talk to someone outside your immediate family who has experience in assisting people in similar situations. Counselling is often deemed a reasonable medical expense and may be covered in a workers compensation claim. You may be entitled to access counselling through an Employee Assistance Program, a union or a professional association. Grief is a normal healing process that occurs when we go through loss in our lives. Counselling can help you to: talk about your loss understand the stages of grief and what you are feeling find ways to cope in the weeks and months after the loss obtain the support you need deal with symptoms, such as appetite or sleep disturbance, isolating yourself or difficulty with day-to-day life find ways to remember your loved one and move towards the future. FINANCIAL MATTERS Death Certificate You may find that it is difficult to work out any financial matters until you have received a Death Certificate. The release of a Death Certificate may take some time, though it is possible to request an interim Death Certificate. Once the Coroner has established a cause of death, the death will be formally registered with Births, Deaths and Marriages. You will need to contact Births, Deaths and Marriages on (08) 8204 9599 to arrange a Death Certificate. A copy will need to be sent to the claims manager as part of any claim for workers compensation. Wills, grants and probate A will is an important document that enables a person to exercise their legal rights of directing to whom and in what manner their assets should be distributed upon their death and to appoint someone to look after their affairs. When there is no will or no valid will, the estate may not be divided according to the wishes of the deceased because legislation sets out how it will be distributed.

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The executor/s are the nominated person/s in a will responsible for the entire administration of an estate and distribution of assets to beneficiaries. An executor needs to go through the process of officially proving the validity of the will, known as obtaining probate. The Supreme Court of South Australia has exclusive jurisdiction in South Australia to make orders in relation to the: validity of the will of a deceased person appointment of an executor or an administrator administration of a deceased estate. The Probate Registry is the registry of the court that deals with applications for grants of probate or administration and other related matters. The registry keeps a record of probates and administration granted by the court. The Supreme Court has more information about probates and the Probate Registry, and can be contacted on (08) 8204 0476. A Grant of Representation is a certificate issued under seal by the court appointing an administrator, or authenticating the right of an executor to administer the estate of a deceased person and vesting title to assets in the executor or administrator. The Supreme Court website (www.courts.sa.gov.au/courts/supreme/) provides information on: why and when a grant is needed how to make an application for a grant how to search for grants on the Probate Registry. If a person dies without making a will, or their will is not valid, then the person is said to have died intestate. This means the person has no say as to what happens to their property. It is more difficult and expensive for the beneficiaries to administer the person's estate if they have died without a valid will. If you are deemed to be in a de facto relationship under the Family Relationships Act 1975 you must apply for an order in the civil jurisdiction of the Supreme Court, which recognises you as a putative (or de facto) spouse. Recognition as a putative spouse provides the same rights as a spouse. Generally, if a person has a child from the relationship with the deceased or has lived the last five out of six years with them, the order recognising a person as a putative spouse will be granted.

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The validity of a will can be questioned for a number of reasons, such as: the person who made the will did not have the testamentary capacity to make a will at the time it was signed the person was unduly influenced by another person in the making of the will parts of the will were changed after it was signed. The will of any person can be challenged or contested after their death, although only those people who are defined in the Inheritance (Family Provision) Act 1972 are eligible to make a claim against a will. An application must be made within six months of the death of the person. One way to proceed with this is to ask a legal practitioner to make an application on your behalf. Workers Compensation SafeWork SA and WorkCover are separate organisations with different responsibilities. WorkCover is a statutory authority and has responsibility for administration of the Workers Rehabilitation and Compensation Act 1986. As such, WorkCover is responsible for issues relating to workers compensation. A range of issues must be considered for WorkCover to determine a workers compensation claim. A death occurring at work is not always compensable. For a claim to be accepted by WorkCover: the deceased must have been a worker (as defined in section three of the Workers Rehabilitation and Compensation Act 1986) the disability that caused death must have been employment-related (that is, it arose out of, or in the course of employment) the disability must have been compensable the territorial conditions set out in the Workers Rehabilitation and Compensation Act 1986 must be met. Please note that under the Workers Rehabilitation and Compensation Act 1986, disability means physical or mental injury or death. Please see section three of the Act for more information. The only sure way to test compensability is to lodge a claim. Workers compensation claim forms are available from employers, major post offices, WorkCover at 100 Waymouth Street, Adelaide, or online at www.workcover.com. You can also contact WorkCover on 13 18 55 to start the claims process over the telephone.

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WorkCovers claims agent, Employers Mutual, manages workers compensation claims. If Employers Mutual decides the death is compensable, a range of benefits may be payable depending on the circumstances. These may include a funeral benefit, a lump sum to a surviving spouse and dependent children, and weekly payments to a dependent spouse and dependent children. Counselling is often deemed a reasonable medical expense and may be covered in a compensation claim. In some circumstances, Employers Mutual may determine a dependent relative other than a spouse or child is entitled to a lump sum or weekly payments. Definitions you should be aware of You need to be aware of definitions under the Workers Rehabilitation and Compensation Act 1986. Please note that each definition below in italics with an explanation following is as it appears in the legislation. Child, in relation to a deceased worker, includes a person in relation to whom the worker stood, at the date of death in loco parentis (meaning in the place of a parent). This refers to someone parented by the deceased person. A child who is dependent on a deceased worker is not necessarily precluded from compensation on the basis that he or she is not the workers natural child. A guardian may be considered to be a parent of the child for the purposes of the Workers Rehabilitation and Compensation Act 1986. Dependant, in relation to a deceased worker, means a relative of the worker who, at the time of the workers death: a) was wholly or partially dependent for the ordinary necessities of life on earnings of the worker, or b) would, but for the workers disability, have been so dependent, and includes a posthumous child of the worker. This refers to a relative who relied on the deceased person to financially support them. Spouse, in relation to a worker, includes a person who is cohabiting with the worker as the de facto husband or wife of the worker if: (a) (i) (ii) the person has been so cohabiting with the worker continuously for the preceding period of five years, or the person has during the preceding period of six years cohabitated with the worker for periods aggregating not less than five years, or

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(iii) although neither subparagraph (i) nor (ii) applies, the person has been cohabiting with the worker for a substantial part of a period referred to in either of those subparagraphs and the Corporation considers that it is fair and reasonable that the person be regarded as the spouse of the worker for the purposes of this Act, or (b) a child, of whom the worker and the person are the parents, has been born (whether or not the child is still living).

For further information on how to make a claim, please contact Employers Mutual on 1300 365 105 or WorkCover for general information on 13 18 55. You may also benefit from legal advice from a lawyer who deals with workers compensation. There are free and low cost advice services available through the Law Society of South Australia, as well as a list of all lawyers who practise in workers compensation. You can call the Law Society on 8229 0222. Superannuation and life insurance Superannuation contributions will have usually been paid into a fund by the employer. There may also be funds from previous employment that have been forgotten about. To find out about: current superannuation, contact the employer or union contributions paid by previous employers, contact the Australian Taxation Office Lost Members Register by calling 131 020. One or more life insurance policies may also have been held by your deceased relative or partner. You will need to find policy documents in order to enquire further. Some superannuation funds also include life insurance, so it is worth checking that with the fund. Money owed by employer Your deceased relative or partners employer may owe holiday or long service pay or other entitlements. Contact the employer, or SafeWork SAs Help Centre on 1300 365 255, for information about entitlements. Urgent bills It is sometimes possible in urgent situations to postpone regular payments like home and other loans or direct debits. Contact your financial institution or credit service provider to see if this can be arranged. If there is a mortgage on your house, ask the lending institution whether payments are covered by insurance or whether you can renegotiate the loan.

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Centrelink You may be entitled to certain benefits. Contact Centrelink for information about any entitlements available to you. The numbers are available in the Contacts and Resources list of this booklet. LEGAL ASSISTANCE The Law Society and the Legal Services Commission provide advisory services that can assist with basic legal questions free or at low cost. The commission also provides legal aid in certain circumstances. The Law Society Appointments are available each Monday, Wednesday and Thursday between 5.30pm and 7.00pm. A twenty-minute interview with a solicitor costs $22 (or $10 for pension or concession card holders). Appointments can be made by calling the Law Society on (08) 8229 0222. Legal Services Commission Free legal advice is available to any person on most legal matters from the Legal Services Commission. The role of the legal adviser is to identify the client's problem, to inform the client of their rights and obligations and to help them understand what course(s) of action can be taken. The adviser may also draft letters for clients and where appropriate, write letters on their behalf. The commission offers an outreach advice service to a number of country centres including Murray Bridge and Port Augusta. If you live in an area not serviced by the Country Outreach Program, phone 1300 366 424 and ask for advice phone back assistance. An adviser will then contact you at a pre-arranged time to discuss your problem. There is also a telephone advice service available for information and referrals from Monday to Friday, 9.00am - 4.30pm. Contact the Legal Services Commission on 1300 366 424.

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WHERE YOU CAN GO FOR ASSISTANCE

COUNSELLING
ANGLICARES LOSS AND GRIEF CENTRE

Provides a counselling service for people experiencing grief from all kinds of losses, including bereavement, for a small fee. Telephone: (08) 8301 4200 Email: admin@anglicare-sa.org.au Website: www.anglicare-sa.org.au
ANGLICARES STAR BEAR PROGRAM

Provides support to children aged between 5 and 16 who are grieving the loss of a parent, sibling or carer. The program provides children with a weekend camp conducted by trained mentors and carers. Telephone: (08) 8301 4208 Email: starbear@anglicare-sa.org.au Website: www.anglicare-sa.org.au
AUSTRALIAN PSYCHOLOGICAL SOCIETY LTD

Provides assistance in finding a suitable private practice fee-for-service psychologist. Telephone: 1800 333 497 Email: contactus@psychology.org.au Website: www.psychology.org.au
CENTACARE CATHOLIC FAMILY SERVICES

Delivers services, including counselling, regardless of religion, race, culutral or economic circumstance. Telephone: (08) 8210 8200 Email: cfs@centacare.org.au Website: www.centacare.org.au
KIDS HELP LINE

Provides a free, confidential and anonymous telephone and online counselling service specifically for young people aged between 5 and 25. Telephone: 1800 551 800 Email: admin@kidshelp.com.au Website: www.kidshelp.com.au
LIFELINE

Provides a 24-hour telephone counselling service. Telephone: 13 11 14 Email: lifelinesant@internode.on.net Website: www.lifeline.org.au
NUNKUWARRIN YUNTI OF SA

Provides community support services including grief counselling to Aboriginal and Torres Strait Islander people. Telephone: (08) 8223 5217 Website: www.nunku.org.au 20

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UNITINGCARE

A range of community services by the Uniting Church including grief counselling. Telephone: (08) 8202 5190 Email: enquiries@ucwesleyadelaide.org.au Website: www.ucwesleyadelaide.org.au

SUPPORT
COMPASSIONATE FRIENDS, SOUTH AUSTRALIA

Provides grief support for parents and families following the death of a son, daughter, brother or sister. Telephone: (08) 8351 0344 (24 hour message bank) Email: tcfsachat@bigbutton.com.au Website: www.compassionatefriendssa.org.au
SALVATION ARMY CRISIS HELP

Provides practical assistance and crisis support. Telephone: Adelaide: (08) 8227 0199 Arndale: (08) 8445 2044 Campbelltown: (08) 8365 2301 Elizabeth: (08) 8255 8811 Mount Gambier: (08) 8725 9900 Noarlunga: (08) 8382 1600 Norwood: (08) 8332 0283 Peterborough: (08) 8651 3155 Port Lincoln: (08) 8682 6724 Whyalla: (08) 8645 7101 Website: www.salvos.org.au
SHAREGRIEF

Provides on-line grief support, education and resources via email to the bereaved from all over the world. Website: www.sharegrief.com
SOLACE ASSOCIATION

Provides support to those grieving over the death of a partner. Telephone: (08) 8272 4334 Email: info@solace.org.au Website: www.solace.org.au
VOICE OF INDUSTRIAL DEATH (VOID)

Provides support and advocacy to people who have lost loved ones to workplace death. Telephone: (08) 8524 6879 Email: info@void.org.au Website: www.void.org.au

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21

ON-LINE INFORMATION
BEYOND BLUE

Provides on-line information about depression and anxiety. Website: www.beyondblue.org.au

GRIEFLINK

Provides on-line information resources on death-related grief. This site is South Australian and provides information about support services and activities specific to this State. Website: www.grieflink.asn.au
SERVICE SA

Provides practical on-line information and advice about dealing with death and grief, under the Life Events section of its website. Website: www.service.sa.gov.au FINANCIAL SUPPORT AND INFORMATION
CENTRELINK

Provides assistance to help people to become self-sufficient and supports people in need. Telephone: 13 23 00
(for people who are not employed and aged over 65)

13 28 50
(for people who are not employed and aged under 65)

13 27 17
(for people who are not employed and have a disability).

Website: www.centrelink.gov.au
FAMILIES SA

Provides free, confidential financial counselling for people finding it hard to make ends meet. Telephone: (08) 8226 8800 (General Enquiries) or 13 16 11 (Emergency Crisis Care) Email: enquiries@dfc.sa.gov.au Website: www.familiesandcommunities.sa.gov.au People who have recently experienced the death of a family member and are facing financial hardship, may be eligible to receive financial assistance to cover the costs of a basic funeral and other related expenses. Telephone: 1300 762 577 Website: www.familiesandcommunities.sa.gov.au/financial

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WILLS
PUBLIC TRUSTEE

Provides a range of services related to wills and estates and can act as an executor or administrator of an estate, for a fee. Telephone: (08) 8226 9200 Email: ptinfo@saugov.sa.gov.au Website: www.publictrustee.sa.on.net
SERVICE SA

Provides information and advice about wills, grants and probate under the Life Events section of its website. Telephone: 13 23 24 Website: www.service.sa.gov.au
SUPREME COURT OF SOUTH AUSTRALIA

Provides information about probate. Telephone: (08) 8204 0476 Website: www.courts.sa.gov.au/courts/supreme/index.html LEGAL ASSISTANCE
ABORIGINAL LEGAL RIGHTS MOVEMENT INC

A non-profit organisation which provides a free legal service to Aboriginal people and their dependants. Telephone: (08) 8113 3777 or 1800 643 222 Email: info@alrm.org.au Website: www.alrm.org.au
LAW SOCIETY OF SOUTH AUSTRALIA

Provides free or low cost assistance with basic legal questions. Telephone: (08) 8229 0222 Email: email@lawsocietysa.asn.au Website: www.lssa.asn.au
LEGAL SERVICES COMMISSION OF SOUTH AUSTRALIA

Provides free assistance with basic legal questions as well as low cost legal aid in certain circumstances. Telephone: 1300 366 424 Website: www.lsc.sa.gov.au
VICTIM SUPPORT SERVICE

Provides a range of services for people who have suffered as a result of a criminal offence. Telephone: (08) 8231 5626 or 1800 182 368 for regional callers. Email: info@victimsa.org Website: www.victimsa.org

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23

OTHER USEFUL CONTACTS

BUSINESS SA

Delivers a wide range of integrated help and information services to business. Telephone: (08) 8300 0000 or 1800 088 105 Website: www.business-sa.com
INDUSTRIAL RELATIONS COURT

Provides information about the court aspects of the prosecution process. Telephone: (08) 8207 0999 Website: www.industrialcourt.sa.gov.au
SAFEWORK SA

Investigates workplace safety incidents, and administers all occupational health, safety and welfare legislation in South Australia. Telephone: 1300 365 255 or (08) 8303 0400 for mobile and interstate callers. Email: help@safework.sa.gov.au Website: www.safework.sa.gov.au
SA UNIONS

Provides various information, assistance and services to union members. Telephone: (08) 8279 2222 Email: saunions@saunions.org.au Website: www.saunions.org.au
STATE CORONERS COURT

Provides information about the coronial process. It also offers a free counselling, information and support service provided by experienced social workers. Telephone: (08) 8204 0600 Email: coroner@courts.sa.gov.au Website: www.courts.sa.gov.au/courts/coroner/index.html
WORKCOVER CORPORATION SA

Provides services to rehabilitate, compensate and return injured workers to the workplace and community. Telephone: 13 18 55 Email: info@workcover.com Website: www.workcover.com
WORKING WOMENS CENTRE

Assists working women who are not members of a union. Telephone: (08) 8410 6499 or 1800 652 697 Email: wwc@wwc.org.au Website: www.wwc.org.au

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SAFEWORK SA
HELP AND EARLY INTERVENTION CENTRE
100 Waymouth Street, Adelaide
HELP CENTRE

Telephone: 1300 365 255 or (08) 8303 0400 for mobile and interstate callers Email: help@safework.sa.gov.au To report all serious workplace accidents and incidents telephone 1800 777 209 (24 hour service)
LIBRARY

Telephone: (08) 8204 8877 Facsimile: (08) 8204 8883 Email: library@safework.sa.gov.au
BOOKSHOP

Telephone: (08) 8204 8881 or (08) 8204 8882 Facsimile: (08) 8204 8883 Email: bookshop@safework.sa.gov.au Opening hours from 8.30am - 5.30pm, Monday to Friday (the Help Centre closes at 4.15pm on Wednesdays)

HEAD OFFICE
Level 3, 1 Richmond Road, Keswick GPO Box 465, Adelaide, SA 5001 DX 715, Adelaide

COUNTRY OFFICES
BERRI

30 Kay Avenue, Berri PO Box 346, Berri SA 5343 Telephone: (08) 8595 2199
MOUNT GAMBIER

Level 1, 11 Helen Street, Mount Gambier PO Box 871, Mount Gambier SA 5290 Telephone: (08) 8735 1199
PORT LINCOLN

Civic Centre, Suite 10, 60 Tasman Terrace, Port Lincoln PO Box 2862, Port Lincoln SA 5606 Telephone: (08) 8688 3057
PORT PIRIE

Level 1, 104 Florence Street, Port Pirie PO Box 462, Port Pirie SA 5540 Telephone: (08) 8638 4777
WHYALLA

15-17 Horwood Street, Whyalla PO Box 696, Whyalla SA 5600 Telephone: (08) 8648 8733 To speak to SafeWork SA in a language other than English, contact the Interpreting and Translating Centre on (08) 8226 1990 and ask them to contact SafeWork SA. This interpreting service is available at no cost to you. www.safework.sa.gov.au
This product is printed on recycled Australian made paper

Government of South Australia, 2007

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