Sims and Hayes (Compensation)

This matter concerned a claim for compensation under the Seafarers Rehabilitation and Compensation Act 1992 by Mr Sims, a deckhand injured in June 2014 while working on the vessel Gabo Bay. The Administrative Appeals Tribunal was required to determine the proper respondent to the claim, specifically identifying the applicant's employer.

The central legal issue before the Tribunal was to ascertain who constituted the employer for the purposes of the Seafarers Act, given that the applicant had initially named both Andrew and Dimity Hayes as respondents, but the application for review proceeded against only Dimity Hayes. The Tribunal had previously confirmed its jurisdiction, finding the Gabo Bay was engaged in trade or commerce "among the States".

The Tribunal reasoned that the definition of "employer" within the Seafarers Act was inclusive and not a deeming provision. Applying this principle, the Tribunal considered evidence including the applicant's interactions, documentation such as a "staff details" form referring to "DJ Hayes Fishing", salary calculation documents bearing Dimity Hayes's Australian Business Number, and financial statements identifying Dimity Hayes as the operator of the fishing business. The Tribunal also noted that a chartered accountant's advice confirmed Dimity Hayes had ceased fishing operations in June 2015.

Based on this evidence, the Tribunal found that Dimity Hayes, operating as an individual, was the employer. Consequently, Andrew Hayes was to be removed as a respondent from the proceedings.