Seamen's Compensation Act 1909

Legislation au C1909A00029 Not in force Act

Legislation content

 

SEAMEN’S COMPENSATION.

 

No. 29 of 1909.

An Act relating to compensation to Seamen for injuries suffered in the course of their employment.

[Assented to 13th December, 1909.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Seamen’s Compensation Act 1909.

Commencement.

2. This Act shall commence on a day to be fixed by proclamation.*

Definitions.

Cf. 6 Edw. 7, c. 58, s. 13.

3.—(1.) In this Act, unless the contrary intention appears—

“The Comptroller-General” means the Comptroller-General of Customs:

“County Court” means a County Court, District Court, or Local Court of any State, or any Court exercising in any part of the Commonwealth a limited civil jurisdiction and presided over by a Judge or a Police, Stipendiary, or Special Magistrate:

“Dependants” means such of the members of the seaman’s family as were wholly or in part dependent upon the earnings of the seaman at the time of his death, or who would, but for the incapacity due to the accident, have been so dependent; and where the seaman—

(a) being the parent or grandparent of an illegitimate child, leaves the child so dependent upon his earnings, or

 

* Proclaimed to commence 1st March, 1910. See Gazette, 5th March, 1910, p. 669


(b) being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings,

includes such an illegitimate child and parent or grandparent respectively:

“Employer” includes any body of persons corporate or unincorporated, and the legal personal representative of a deceased employer, and, where the services of a seaman are temporarily lent or let on hire to another person by the person with whom the seaman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the seaman whilst he is working for that other person:

“Judge of a County Court” includes the Judge of a County Court, District Court, or Local Court, and also any Police, Stipendiary, or Special Magistrate presiding or having jurisdiction to preside over a County Court as defined by this Act:

“Member of a family” means wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister:

“Port” includes place and harbor:

“Seaman” includes master, officer, apprentice, pilot, or other person employed or engaged in any capacity on board a ship in connexion with the navigation or working of the ship:

“Ship” includes every vessel used in navigation not ordinarily propelled by oars:

“Vessel” means any ship, boat, or any other description of vessel used for any purpose on the sea or in navigation.

(2.)

Overview

The Seamen's Compensation Act 1909 was enacted by the Parliament of Australia to address the problem of providing compensation to seamen injured in the course of their employment. The Act was designed to ensure that employers would be liable to pay compensation to seamen who suffered personal injuries or death while working on ships, including those engaged in coasting trade or in trade with other countries, and those in the service of the Commonwealth. The primary objective of the Act was to establish a legal framework for compensating seamen for work-related injuries and to provide a process for determining the amount of compensation due. The Act also sought to prevent employers from avoiding their liability through insolvency and to provide mechanisms for the enforcement of compensation awards, including the detention of ships and the appointment of medical referees.

Scope and Application

The Seamen's Compensation Act 1909 applies to seamen employed on ships registered in the Commonwealth engaged in coasting trade or international trade, as well as seamen employed in the service of the Commonwealth (excluding the Navy and Military). The Act also applies to ships engaged in the coasting trade where the seamen are shipped under articles of agreement entered into in Australia, irrespective of whether the ship is foreign or locally registered. It further extends to cover employers who sub-contract work to other parties, making the principal liable for compensation to the seamen. The Act does not apply if the injury does not result in a disability of at least one week, if the seaman has been found to have caused the injury through serious and wilful misconduct (unless the injury results in death or serious and permanent disablement), or if the seaman leaves no dependants and the ship owner is liable under another Act to pay burial expenses. The Act provides for the payment of compensation for personal injuries or death of seamen, outlines the process for claims and the time limits within which claims must be made, and stipulates the procedures for arbitration and resolution of disputes. It also includes provisions for the detention of ships to secure compensation, the appointment of medical referees, and the making of regulations to give effect to the Act. The Act applies nationally across Australia, as defined by its jurisdictional reach and the scope of its application to various types of employment and maritime activities.

Key Provisions

  • The Seamen’s Compensation Act 1909 (C1909A00029) provides a framework for compensating seamen who suffer injuries during their employment. Section 5(1) mandates that if a seaman is injured in an accident arising from and in the course of employment, their employer must pay compensation as per the First Schedule, subject to certain conditions. This includes injuries that disable the seaman for at least one week, and excludes those resulting from serious and wilful misconduct unless they result in death or permanent disablement. Section 5(3) specifies that disputes regarding liability, amount, or duration of compensation can be resolved through arbitration or County Court proceedings if not settled by agreement.
  • Employers and principals contracting with others to employ seamen are obligated to ensure compensation is paid. Under Section 7, where a principal contracts with a contractor, the principal remains liable for compensation as if the seaman was directly employed. This section also allows the principal to seek indemnity from the contractor. Additionally, Section 8 addresses the insolvency of employers, transferring the employer’s rights against insurers to the seaman, ensuring priority payments in case of bankruptcy or liquidation, up to a maximum of one hundred pounds per individual case.
  • Breaches of the Act carry specific penalties and consequences. Section 13 stipulates penalties for the master who proceeds to sea with a detained ship, imposing fines of up to one hundred pounds and additional penalties of ten pounds per day until the detained person returns or can return to their place of origin. Furthermore, Section 16 imposes a fine of up to five pounds for failure to furnish correct returns to the Comptroller-General regarding compensation paid to seamen. These provisions ensure compliance and accountability among employers and ship operators, safeguarding the rights of seamen.

Legal classification tags

Area of Law
Commercial Law
Maritime Law
Instrument
Act
Concepts
Definitions & Interpretation
Compensation for personal injuries to seamen
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Prohibited Conduct
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.