Work-Related Death ASBESTOS AND THE HOME RENOVATOR. Information for people following a fatality. A basic guide on what you need to know about asbestos

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1 ASBESTOS AND THE HOME RENOVATOR A basic guide on what you need to know about asbestos Work-Related Death Information for people following a fatality safe, fair, productive working lives

2 This publication is licensed under a Creative Commons Attribution Australia Licence v3.0. For terms see: Disclaimer While care has been taken to ensure the accuracy and currency of the information in this publication, at the time of reading it may not be sufficiently accurate, current or complete to suit your individual needs. Reliance on the information in this publication is at your own risk. SafeWork SA accepts no liability for any loss resulting from your reliance on it. To best meet your work health and safety obligations refer to current Acts, Regulations and Codes of Practice.

3 SafeWork SA is the government agency responsible for administering all work health and safety 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 what happened prevent further similar injuries and fatalities determine if there have been any breaches of the Work Health and Safety Act 2012 (SA). Investigators will interview people who may be able to explain or provide information about what happened. This may include interviewing eyewitnesses, other workers and the Person Conducting a Business or Undertaking (PCBU). Family members may also be asked to make a statement during the investigation. The investigation process can be complicated and take time to complete. SafeWork SA will keep the next of kin updated throughout the investigation. Information about SafeWork SA s investigation process, the decision to prosecute and the court process is available on SafeWork SA s website at Coping with a friend, colleague or loved one s work-related death can be a difficult and distressing experience. The investigation of a work-related death can involve a number of legal, judicial and statutory authorities in determining what happened. Understanding the authorities different roles, responsibilities and processes can be helpful. Following a work-related death, you may also have a number of personal responsibilities to attend to, such as planning a funeral. This information is intended to guide you at an unexpected and distressing time. Bryan Russell Executive Director SafeWork SA 1

4 South Australia Police The police are called immediately following a work-related death and fulfil a number of important roles such as: inquiring into the circumstances of the death on behalf of the Coroner and preparing a report for the Coroner notifying the next of kin arranging for formal identification of the deceased conducting an investigation to establish whether any criminal offences were committed. Co-operation between SafeWork SA and South Australia Police SafeWork SA and South Australia Police work together closely and may conduct a joint investigation. In some circumstances this may not be possible and separate enquiries will be required. Sometimes it is important for SafeWork SA and South Australia Police to interview witnesses separately because the information required is different. Confidentiality provisions also bind each agency so it is not always appropriate or possible to share information. Depending on the circumstances of the workplace death, the deceased s body 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 be held temporarily in the hospital mortuary. The post-mortem In most cases, a post-mortem is required to determine the precise cause of death. A post-mortem examination, also known as an autopsy, is an examination of the outside of the body and internal organs by a doctor known as a pathologist. 2

5 It is conducted without unnecessary delay, usually within 48 hours of the death, to enable the body to be released to the deceased s family as soon as practicable. To discuss the timing of the release of the body further to your religious beliefs, please contact the State Coroner s Court, telephone The State Coroner should be advised immediately in writing of any objection to a post-mortem being conducted. The State Coroner has to determine a finding as to the specific cause of death so the decision as to whether a post-mortem is conducted rests with them, mindful of any next of kin objections. In some situations 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. Obtaining a copy of the post-mortem report A copy of the post-mortem report may be made available to the 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, as the next of kin, you wish to receive a copy of the report, please write to the Manager, State Coroner s Court, 302 King William Street, Adelaide South Australia 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 often requires making decisions at a distressing time. A funeral director will help you make the necessary arrangements, and liaise with the State Coroner s Court about the formal identification and release of the deceased. 3

6 To ensure the funeral arrangements reflect your needs: talk with the funeral director and/or your minister of religion ask questions discuss the options before making a decision select a funeral director that is licensed and has a good reputation. The Australian Funeral Directors Association lists its members online and the Yellow Pages also lists funeral directors. plan a personalised ceremony or service to help the healing process. You may also need to: consult the Will for any specific funeral requirements inform relatives and friends as soon as possible of the death as well as advising the insurance company, doctor/s, the cemetery or memorial park and any organisations, clubs organise the funeral service, e.g. location, type of service, casket or urn, flowers, music, cars, eulogy and pallbearers provide relevant information, e.g. surviving family members, location of services, for a newspaper notice. Returned service personnel may be entitled to an official war grave. If you think this may be the case, contact the Department of Veterans Affairs on or visit Death certificate You may find that it is difficult to progress financial matters until you have received a Death Certificate. The release of a Death Certificate may take some time, however you can request an interim Death Certificate. Once the Coroner has established a cause of death, the death will be formally registered with the Births, Deaths and Marriages Registration Office. You can apply for a Death Certificate, including an interim Death Certificate online at A copy will need to be sent to the claims manager as part of any claim for workers compensation. 4

7 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. If you are experiencing financial hardship, you may be eligible for financial assistance from the Department for Communities and Social Inclusion s Funeral Assistance Program. You can contact them by telephone on The funeral director may request a deposit be paid before the funeral, and for the balance to be paid by an agreed date. Ensure you check the payment terms and conditions before you agree to them. If a workers compensation claim is accepted, a funeral benefit may be payable. 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. The executor/s is the nominated person/s in a Will responsible for the administration of an estate and distribution of the assets to beneficiaries. An executor needs to follow 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. 5

8 The Probate Registry of the court deals with applications for grants of probate or administration and related matters. The registry keeps a record of probates and administration granted by the court. You can contact the Probate Registry by telephone on 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. The Probate Registry website ( provides information about: why and when a grant is needed how to make an application 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 there is no 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. The validity of a Will can be questioned for a number of reasons including: the person who made the Will did not have the capacity to do so at the time it was signed the person was unduly influenced by another person 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 do this. 6

9 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 WorkCoverSA is a statutory authority with responsibility for issues relating to workers compensation further to the Workers Rehabilitation and Compensation Act A range of issues must be considered for WorkCoverSA to determine a workers compensation claim. A death occurring at work is not always compensable. The best way to test compensability is to lodge a claim. Workers compensation claim forms are available from employers, major post offices or WorkCoverSA online at You can telephone WorkCoverSA on If WorkCoverSA decides the death is compensable, a range of benefits may be payable subject to the specific circumstances. These may include meeting the cost of counselling for family members of a deceased worker, a funeral benefit, a lump sum to a surviving spouse and dependent children, and/or weekly payments to a dependent spouse and dependent children. In some circumstances, WorkCoverSA may determine that a dependent relative, other than a spouse or child, is entitled to a lump sum or weekly payments. You may also like to obtain legal advice. Free and low cost advice services are available by telephoning the Law Society of South Australia on Superannuation and life insurance Superannuation contributions are usually paid into a fund by the employer. There may also be funds from any previous employment. To find out about the deceased s superannuation, contact the employer or relevant union. To find out about contributions paid by any previous employers, contact the Australian Taxation Office Lost Members Register by telephoning

10 One or more life insurance policies may also have been held. Policy documents will be necessary to make enquires. Some superannuation funds also include life insurance, so check with the fund. Urgent bills In extenuating circumstances it is possible to postpone regular payments like home 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 your lending institution whether payments are covered by insurance or if you can renegotiate the loan. Centrelink You may be entitled to certain benefits. For information about entitlements that may be available to you telephone Centrelink on Grief counselling Talking with someone outside of your family and circle of friends, such as a medical practitioner, a counsellor or a support group, can be helpful as these people have experience helping in similar situations. Counselling of family members of a deceased worker is often considered a reasonable medical expense and may be covered in a workers compensation claim. You might also be able to access counselling through an Employee Assistance Program, a union or a professional association. 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 like appetite or sleep disturbance, social isolation or difficulty with day-to-day tasks find ways to remember your loved one and move forward. Contact details for counselling support and advice services can be found on SafeWork SA s website, along with information about financial support. 8

11 SafeWork SA safe, fair, productive working lives safework.sa.gov.au Government of South Australia, MARCH 2014

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