Shipping Registration (International Register—Minimum Compensation) Determination 2016 (Cth)

Shipping Registration (International Register—Minimum Compensation) Determination 2016

I, Darren Chester, Minister for Infrastructure and Transport, make the following determination.

Dated 28 July 2016

Darren Chester

Minister for Infrastructure and Transport

Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

6............ Amount of compensation—death in 2016..................................................................... 2

7............ Amount of compensation—death in 2017..................................................................... 2

8............ Amount of compensation for 2016—long‑term disability............................................. 2

9............ Amount of compensation for 2017—long‑term disability............................................. 3

10.......... Repeal of this instrument............................................................................................... 3

Schedule 1—Repeals  4

Australian International Shipping Register (Minimum Compensation) Determination 2012 4

1  Name

This is the Shipping Registration (International Register—Minimum Compensation) Determination 2016.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered.	3 August 2016

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under subsections 61AM(2) and (4) of the Shipping Registration Act 1981.

Note 1: Under subsection 61AM(1) of the Shipping Registration Act 1981, the owner of a ship that is registered in the International Register must 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 this instrument.

Note 2:       The amounts of compensation determined by this instrument are the same as the amounts of compensation set out in the ITF template agreement.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

Note:          A number of expressions used in this instrument are defined in the Shipping Registration Act 1981, including the following:

(a)    International Register;

(b)    ITF template agreement;

(c)    owner;

(d)    seafarer;

(e)    ship.

In this instrument:

senior officer means a seafarer performing the work of master, chief officer, chief engineer or first engineer.

6  Amount of compensation—death in 2016

The amount of compensation for the death of a seafarer in 2016 as a result of sickness or injury occurring while on board a ship is the sum, in US dollars, of the following amounts:

(a)  $98,848 for the seafarer’s immediate next of kin;

(b)  $19,770 for each dependent child of the seafarer who is under 18, for a maximum of 4 children.

7  Amount of compensation—death in 2017

The amount of compensation for the death of a seafarer in 2017 as a result of sickness or injury occurring while on board a ship is the sum, in US dollars, of the following amounts:

(a)  $102,308 for the seafarer’s immediate next of kin;

(b)  $20,462 for each dependent child of the seafarer who is under 18, for a maximum of 4 children.

8  Amount of compensation for 2016—long‑term disability

(1)  This section sets out the amount of compensation for 2016 for long‑term disability suffered by a seafarer as a result of sickness or injury occurring while on board a ship.

(2)   For a degree of disability mentioned in column 1 of an item of the following table, the amount of compensation is the amount, in US dollars, mentioned in the item in whichever of column 2, 3 or 4 applies to the seafarer.

Amount of compensation for 2016—long‑term disability
Item	Column 1 If the degree of disability suffered, expressed as a percentage, is:	Column 2 the amount for a rating is:	Column 3 the amount for a junior officer is:	Column 4 the amount for a senior officer is:
1	100	98,848	131,797	164,745
2	75	74,136	98,848	123,559
3	60	59,308	79,078	98,848
4	50	49,424	65,899	82,373
5	40	39,539	52,719	65,899
6	30	29,655	39,539	49,424
7	20	19,770	26,359	32,950
8	10	9,885	13,180	16,475

(3)  For a degree of disability (including a degree of disability of less than 10%) not mentioned in column 1 of the table in subsection (2), the amount of compensation is the amount, in US dollars, worked out on a pro‑rata basis.

9  Amount of compensation for 2017—long‑term disability

(1)  This section sets out the amount of compensation for 2017 for long‑term disability suffered by a seafarer as a result of sickness or injury occurring while on board a ship.

(2)   For a degree of disability mentioned in column 1 of an item of the following table, the amount of compensation is the amount, in US dollars, mentioned in the item in whichever of column 2, 3 or 4 applies to the seafarer.

Amount of compensation for 2017—long‑term disability
Item	Column 1 If the degree of disability suffered, expressed as a percentage, is:	Column 2 the amount for a rating is:	Column 3 the amount for a junior officer is:	Column 4 the amount for a senior officer is:
1	100	102,308	136,410	170,512
2	75	76,731	102,308	127,884
3	60	61,384	81,846	102,308
4	50	51,154	68,206	85,257
5	40	40,923	54,565	68,206
6	30	30,693	40,923	51,154
7	20	20,462	27,282	34,104
8	10	10,231	13,642	17,052

(3)  For a degree of disability (including a degree of disability of less than 10%) not mentioned in column 1 of the table in subsection (2), the amount of compensation is the amount, in US dollars, worked out on a pro‑rata basis.

10  Repeal of this instrument

This instrument is repealed at the end of 31 December 2017.

Schedule 1—Repeals

Australian International Shipping Register (Minimum Compensation) Determination 2012

1  The whole of the determination

Repeal the determination.