Seamen's Compensation Act 1911

Legislation au C1911A00013 Not in force Act

Legislation content

SEAMEN’S COMPENSATION.

 

No. 13 of 1911.

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

[Assented to 18th December, 1911.]

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 1911.

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

(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 unincorporate, 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.) Any reference to a seaman who has been injured shall, where the seaman is dead, include a reference to his…

Overview

The Seamen’s Compensation Act 1911 was enacted to provide a structured legal framework for compensating seamen who suffer personal injuries or death in the course of their employment. This Act, assented to by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aims to ensure that employers are liable for compensation under specific conditions, including cases of injury leading to a disability of at least one week and excluding instances where injury results from the seaman’s serious and wilful misconduct unless it causes death or permanent disablement. The Act also delineates the application scope, encompassing various types of ships and employments, and stipulates the procedures for claiming compensation, including timelines and notice requirements. Furthermore, the Act addresses the complexities of sub-contracting, employer insolvency, and the priority of compensation claims in such events. It establishes a system for arbitration and court proceedings to resolve disputes and sets out the scale and conditions of compensation, including provisions for weekly payments and lump sum redemptions. The Act also provides for the detention of ships to secure compensation claims and the appointment of medical referees to assess the condition of injured seamen.

Scope and Application

The Seamen's Compensation Act 1911 applies to employers and seamen involved in employment on certain ships, including ships in the service of the Commonwealth (excluding the Naval or Military Service), ships trading with Australia or engaging in occupations in Australian waters, and ships engaged in trade and commerce with other countries or among the states. The Act applies to all seamen, which includes masters, officers, apprentices, pilots, and other personnel employed on board a ship in connection with its navigation or operation, regardless of their nationality or the flag under which the ship sails, provided they were hired in Australia or are working under an agreement made in Australia. The Act does not apply to injuries caused by the seaman's serious and willful misconduct unless the injury results in death or serious and permanent disablement. Additionally, no compensation is payable for the death of a seaman leaving no dependants if the ship owner is liable to pay burial expenses under another law. The Act also excludes claims for compensation under other laws of the United Kingdom, other parts of His Majesty's dominions, or foreign countries, unless the seaman undertakes not to claim compensation under those laws. The Act can be extended or modified by regulations made by the Governor-General, which must not contradict the provisions of the Act.

Key Provisions

  • The Seamen's Compensation Act 1911 provides a framework for compensating seamen who suffer personal injury or death in the course of their employment on specific ships. The Act applies to employment on Commonwealth ships (excluding Naval or Military Service), ships trading with Australia or in Australian waters, and ships engaged in trade and commerce with other countries or among the States (Section 4). Employers are liable to pay compensation for personal injuries caused by accidents arising out of and in the course of employment, subject to certain conditions such as the injury not being attributable to the seaman's serious and wilful misconduct (Section 5). If the seaman dies without dependants and the ship owner is liable for burial expenses, no compensation is payable (Section 5(2)(d)). The Act also provides for sub-contracting, where the principal contractor is liable for compensation to a seaman employed by a subcontractor (Section 7).
  • The Act imposes several obligations on employers, including the requirement to notify the employer of any accident as soon as practicable and to make a claim for compensation within specific timeframes (Section 6). Employers must also ensure that any injured seaman submits to medical examinations as required (First Schedule, paragraph 5). In cases of employer insolvency, the seaman's rights against insurers are preserved, and compensation is prioritized in bankruptcy or liquidation proceedings (Section 8). The Act further mandates that compensation be paid in full, with certain limitations (Section 9), and allows for proceedings against both the employer and any third party liable for damages (Section 10).
  • Breach of the Act's provisions can lead to civil and criminal penalties. For instance, if a master proceeds to sea with a ship in contravention of the detention provisions, both the owner and master are liable to pay a penalty (Section 13(6)). Additionally, failure to furnish required returns to the Comptroller-General carries a penalty of five pounds (Section 16). The Act also provides mechanisms for arbitration and resolution of disputes, with decisions recorded and enforced as if they were judgments of a County Court (Second Schedule, paragraph 8).

Legal classification tags

Area of Law
Maritime Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Compensation for personal injuries to seamen
Licensing & Registration
Enforcement Powers
Review & Sunset Clauses
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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.