Seamen's Compensation Act 1949

Legislation au C1949A00007 Not in force Act

Legislation content

SEAMEN’S COMPENSATION.

 

No. 7 of 1949.

An Act to amend the Seamen’s Compensation Act 1911–1947, and for other purposes.

[Assented to 25th March, 1949.]

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 and citation.

1.—(1.) This Act may be cited as the Seamen’s Compensation Act 1949.

(2.) The Seamen’s Compensation Act 1911–1947 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Seamen’s Compensation Act 1911–1949.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.


3. Section three of the Principal Act is repealed and the following section inserted in its stead:—

Interpretation.

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

‘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;

‘dependant’, in relation to a deceased seaman, means—

(a) a member of the seaman’s family;

(b) a person to whom the seaman stood in loco parentis or who stood in loco parentis to the seaman;

(c) any ex-nuptial child or grand-child of the seaman; and

(d) if the seaman was an ex-nuptial child, any parent or grand-parent of the seaman,

who was wholly or in part dependent upon his earnings at the date of his death or who would, but for his incapacity due to the injury, have been so dependent;

‘disease’ includes any physical or mental ailment, disorder, defect or morbid condition, whether of sudden or gradual development, and also includes the aggravation or acceleration of a disease and the recurrence of a pre-existing disease;

‘employer’ includes the Crown (whether in right of the Commonwealth or of a State), any authority constituted by or under the law of the Commonwealth or of a State or Territory of the Commonwealth, any body of persons (whether corporate or unincorporate) and the legal personal representative of a deceased employer;

‘injury’ means any physical or mental injury and includes the aggravation or acceleration of an injury and the recurrence of a pre-existing injury;

‘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 the family’, in relation to a seaman, means the wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother,…

Overview

The Seamen’s Compensation Act 1949 was enacted to amend the Seamen’s Compensation Act 1911–1947, addressing gaps and updating provisions to better accommodate the needs of seamen injured or incapacitated due to their employment. The Act was assented to on 25th March 1949 by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. It introduces various amendments to improve compensation for seamen, including the definition of terms such as 'seaman' and 'injury,' expands the circumstances under which compensation is payable, and introduces a maximum compensation limit. The Act also clarifies the procedure for recovering compensation and damages from third parties. The policy objective is to ensure that seamen injured or incapacitated due to their employment receive fair and adequate compensation while providing clarity and structure to the claims process.

Scope and Application

The Seamen's Compensation Act 1949 applies to individuals employed or engaged in any capacity on board a ship in connection with the navigation or working of the ship, except for masters, mates, engineers, and radio officers. This Act amends the Seamen’s Compensation Act 1911–1947, extending its reach to cover compensation for personal injuries caused by accidents arising out of or in the course of a seaman’s employment, including injuries sustained while travelling to or from work. The Act also addresses compensation for diseases resulting from the nature of the employment, as well as death or incapacity due to such diseases. Employers, including the Crown and any constituted authorities, bodies of persons, and legal personal representatives of deceased employers, are liable for compensation under the Act. The Act sets out specific compensation amounts for various injuries and conditions, with a maximum limit of £1,250 for injuries caused by a single accident, though exceptions apply for death or total and permanent incapacity. The Act also outlines procedures for claims against third parties, ensuring that seamen cannot recover both damages and compensation from the employer for the same injury. The provisions of the Act apply throughout the Commonwealth, with any subordinate instruments potentially extending or restricting its application further.

Key Provisions

  • The Seamen’s Compensation Act 1949 (the Act) amends the Seamen’s Compensation Act 1911–1947 (the Principal Act) to update and refine provisions related to compensation for seamen injured or incapacitated in the course of their employment. Key provisions include definitions of terms (s.3), compensation for personal injuries (s.4-5aa), medical benefits (s.6), compensation for specified injuries and diseases (s.7-8), maximum compensation limits (s.9), and remedies against third parties (s.10-10a). Additionally, the Act updates the First Schedule (s.11) and the Second Schedule (s.12), and introduces a new Third Schedule (s.13). The Act also provides for the adjustment of weekly payments under the Principal Act (s.14).
  • Under the Act, the employer is required to provide compensation to a seaman who sustains an injury or contracts a disease due to the nature of their employment (s.5-8). This includes injuries caused while travelling to or from work or other work-related activities (s.5aa). The employer must also provide medical benefits to the injured seaman (s.6). The Act outlines specific compensation amounts for various specified injuries (Third Schedule). The maximum compensation payable for an injury or injuries caused by any one accident is set at £1,250, with exceptions for death or total and permanent incapacity for work (s.9).
  • Parties governed by the Act include employers, seamen, and third parties who may be liable for damages in cases where the seaman’s injury is caused by someone other than the employer (s.10). Employers must ensure they comply with the compensation requirements outlined in the Act and take reasonable steps to prevent injuries to their employees. Seamen must report injuries or diseases to their employers and cooperate with any investigations or proceedings related to their claims. Third parties may be liable for damages if they cause an injury to a seaman in circumstances that create a legal liability to pay damages.
  • Breach of the Act’s provisions may result in civil or criminal consequences. Employers who fail to provide compensation or medical benefits to injured seamen may face legal action from the affected seaman or their dependants. Third parties who are liable for damages may be pursued by the employer for indemnity after the employer has paid compensation to the seaman. The Act does not explicitly state penalties for breach of its provisions, but contravention of the Act’s requirements may result in legal action and potential financial liability for the offending party.

Legal classification tags

Area of Law
Employment & Labour Law
Instrument
Act
Concepts
Definitions & Interpretation
Compensation for personal Injuries to seamen
Reporting & Disclosure Obligations
Offence Provisions
Regulatory Standards
Licensing & Registration
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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.