Employers' Liability Act Amendment Act 1893 (NSW)

No. VI.

An Act to amend the " Employers' Liability

Act of 1886." [24th March, 1893.]

"workmen: Be it therefore enacted by the Queen's Most Excellent	WHEREAS it is desirable to extend to seamen the protection afforded by the "Employers' Liability Act of 1886" to
Majesty, by and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
1. This Act may be cited as the " Employers' Liability Act Amendment Act, 1893," and shall be read with and construed to form part of the " Employers' Liability Act of 188(5," hereinafter
called the Principal Act. 2. In this Act—

apparel or furniture of such ship ; or (II)

The term " ship " includes every vessel of whatever kind whether

propelled by steam, sails, oars, or otherwise.

The term "seamen" means every person employed upon a ship

owned in the Colony or who has signed articles of engage­
ment in the Colony.

3. When within the jurisdiction of the Colony a ship is moored

or at anchor receiving or discharging cargo or coals and a personal
injury is caused to a seaman—

(i)  By reason of any defect in the condition of the spars, tackle, machinery, gearing, liftings, or other apparel or furniture of the ship, or by reason of the absence of any necessary and usual spars, tackle, machinery, gearing, fittings, or other

(II) By reason of the negligence of any person in the service of the employer who has any superintendence intrusted to him, by such employer whilst in the exercise of such superin­ tendence ; or

(III) By reason of the negligence of any person in the service of the employer of the seamen to whose orders or directions the seaman was at the time of the injury bound to conform and did conform: I f such injury resulted from his having so conformed,

the seaman (or, in case the injury results in death, the legal personal representative of the seaman and any persons entitled in case of death) shall have the same right of compensation and remedies against the employer for any such personal injury as a workman or his legal representative would, under the provisions of the Principal Act, have in like cases against his employer : Provided nevertheless that in the event of a personal injury to a seaman any compensation shall be recovered under this Act by such seaman against an employer there shall be deducted from such compensation any expenses which the said employer may have had to pay for such accident under the pro­ visions of the Act twenty-seventh Victoria number thirteen.

4i. A seaman shall not be entitled under this Act to any right

of compensation or remedy against the employer in any case under
subsection one of section three of this Act, unless the defect therein mentioned arose from, or had not been discovered or remedied, owing to the negligence of the employer or of some person in the service of the employer, and intrusted by him with the duty of seeing that the spars, tackle, machinery, gearing, fittings, or other apparel or furniture
of the ship were in proper condition, or that the absence of any necessary
and usual spars, tackle, machinery, gearing, fittings, or other apparel or furniture was due to the negligence of the employer or of some person in the service of the employer, and intrusted by him with the duty of seeing that the same was duly provided.

5. For the purposes of this Act, the word " workman," when­ ever used in the Principal Act, shall mean and include a seaman.