Australian International Shipping Register (Minimum Compensation) Determination 2012 (Cth)

Australian International Shipping Register (Minimum Compensation) Determination 2012¹

Shipping Registration Act 1981

I, ANTHONY NORMAN ALBANESE, Minister for Infrastructure and Transport, make this Determination under subsection 61AM (2) of the Shipping Registration Act 1981.

Dated 26 June 2012

ANTHONY NORMAN ALBANESE

Minister for Infrastructure and Transport

1. Name of Determination

This Determination is the Australian International Shipping Register (Minimum Compensation) Determination 2012.

2              Legislative Instrument

This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

1. Commencement

This Determination commences on 1 July 2012.

1. Definitions

In this Determination:

Act means the Shipping Registration Act 1981.

AMSA means the Australian Maritime Safety Authority.

International trading has the same meaning as in section 61AB of the Act.

ITF template agreement has the same meaning as in the Act.

Senior Officer means Master, Chief Officer, Chief Engineer and 1^st Engineer.

5              Object

Subsection 61AM (1) of the Act requires the owner of a ship that is registered in the Australian International Shipping Register to have a policy of insurance or indemnity that:

(a)insures or indemnifies the owner for any liability of the owner to pay compensation for the death or long-term disability suffered by a seafarer as a result of sickness or injury occurring while on board the ship; and

(b)provides a level of insurance or indemnity that is sufficient to cover the amount of compensation that is determined by me under subsection 61AM(2).

This Determination sets out the minimum amount of compensation for the death or long-term disability suffered by a seafarer as a result of sickness or injury occurring while on board the ship.

6              Amount of compensation for death 2012

This paragraph applies for subsection 61AM(2) of the Act for the period 1 July 2012 to 31 December 2012 in respect of the death of a seafarer as a result of sickness or injury occurring while on board the ship. The amount of compensation payable to the seafarer's immediate next of kin is set out in column 1 of Schedule 1. The amount of compensation payable to each of the seafarer’s dependent children under the age of 18 (up to a maximum of 4) is set out in column 2 of Schedule 1.

7              Amount of compensation for long-term disability 2012

This paragraph applies for subsection 61AM(2) of the Act for the period 1 July 2012 to 31 December 2012 in respect of a seafarer who has suffered long-term disability as a result of sickness or injury occurring while on board the ship. The amount of compensation for a seafarer in a class specified in an item in column 1 of Schedule 2, to the degree of disability specified in column 2 of that item, is the amount specified in column 3 of that item alongside the relevant degree of disability.

8              Amount of compensation for death 2013

This paragraph applies for subsection 61AM(2) of the Act for the period 1 January 2013 to 31 December 2013 in respect of the death of a seafarer as a result of sickness or injury occurring while on board the ship. The amount of compensation payable to the seafarer's immediate next of kin is set out in column 1 of Schedule 3. The amount of compensation payable to each of the seafarer’s dependent children under the age of 18 (up to a maximum of 4) is set out in column 2 of Schedule 3.

9              Amount of compensation for long-term disability 2013

This paragraph applies for subsection 61AM(2) of the Act for the period 1 January 2013 to 31 December 2013 in respect of a seafarer who has suffered long-term disability as a result of sickness or injury occurring while on board the ship. The amount of compensation for a seafarer in a class specified in an item in column 1 of Schedule 4, to the degree of disability specified in column 2 of that item, is the amount specified in column 3 of that item alongside the relevant degree of disability.

10            Amount of compensation for death 2014

This paragraph applies for subsection 61AM(2) of the Act for the period 1 January 2014 to 31 December 2014 in respect of the death of a seafarer as a result of sickness or injury occurring while on board the ship. The amount of compensation payable to the seafarer's immediate next of kin is set out in column 1 of Schedule 5. The amount of compensation payable to each of the seafarer’s dependent children under the age of 18 (up to a maximum of 4) is set out in column 2 of Schedule 5.

11            Amount of compensation for long-term disability 2014

This paragraph applies for subsection 61AM(2) of the Act for the period 1 January 2014 to 31 December 2014 in respect of a seafarer who has suffered long-term disability as a result of sickness or injury occurring while on board the ship. The amount of compensation for a seafarer in a class specified in an item in column 1 of Schedule 6, to the degree of disability specified in column 2 of that item, is the amount specified in column 3 of that item alongside the relevant degree of disability.

12            ITF template agreement

The amounts of compensation in Schedules 1, 2, 3, 4, 5 and 6:

(a)are expressed in US dollars; and

(b)are not less than the amounts of compensation specified in the ITF template agreement.

Note:            Additional details regarding the amounts of compensation are contained in the ITF template agreement, which can be found on AMSA’s website at 1

Minimum compensation for death for

the period 1 July 2012 – 31 December 2012

Column 1 Amount of compensation	Column 2 Amount of compensation
90,882	18,176

Schedule 2

Minimum compensation for long-term disability

for the period 1 July 2012 – 31 December 2012

Item Number	Column 1 Class of seafarer	Column 2 Degree of disability	Column 3 Amount of compensation
1	Ratings	100% 75% 60% 50% 40% 30% 20% 10%	90,882 68,162 54,529 45,441 36,353 27,265 18,176 9,088
2	Junior Officers	100% 75% 60% 50% 40% 30% 20% 10%	121,176 90,882 72,706 60,588 48,470 36,353 24,235 12,118
3	Senior Officers	100% 75% 60% 50% 40% 30% 20% 10%	151,470 113,603 90,882 75,735 60,588 45,441 30,294 15,147

Schedule 3

Minimum compensation for death for

the period 1 January 2013 – 31 December 2013

Column 1 Amount of compensation	Column 2 Amount of compensation
93,154	18,6311

Schedule 4

Minimum compensation for long-term disability

for the period 1 January 2013 – 31 December 2013

Item Number	Column 1 Class of seafarer	Column 2 Degree of disability	Column 3 Amount of compensation
1	Ratings	100% 75% 60% 50% 40% 30% 20% 10%	93,154 69,866 55,892 46,577 37,262 27,946 18,631 9,315
2	Junior Officers	100% 75% 60% 50% 40% 30% 20% 10%	124,205 93,154 74,523 62,103 49,682 37,262 24,841 12,421
3	Senior Officers	100% 75% 60% 50% 40% 30% 20% 10%	155,257 116,443 93,154 77,628 62,103 46,577 31,051 15,526

Schedule 5

Minimum compensation for death for

the period 1 January 2014 – 31 December 2014

Column 1 Amount of compensation	Column 2 Amount of compensation
95,949	19,1901

Schedule 6

Minimum compensation for long-term disability

for the period 1 January 2014 – 31 December 2014

Item Number	Column 1 Class of seafarer	Column 2 Degree of disability	Column 3 Amount of compensation
1	Ratings	100% 75% 60% 50% 40% 30% 20% 10%	95,949 71,962 57,569 47,974 38,379 28,785 19,190 9,595
2	Junior Officers	100% 75% 60% 50% 40% 30% 20% 10%	127,932 95,949 76,759 63,966 51,173 38,379 25,586 12,793
3	Senior Officers	100% 75% 60% 50% 40% 30% 20% 10%	159,914 119,936 95,949 79,957 63,966 47,974 31,983 15,991