Seafarers Rehabilitation and Compensation Regulations 1993
Statutory Rules 1993 No. 134 as amended
made under the
Seafarers Rehabilitation and Compensation Act 1992
This compilation was prepared on 31 July 2000
taking into account amendments up to SR 2000 No. 198
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Amount of liability to be insured against
5 Fees for Comcare officer assisting an employer
6 Recovery of fees for assistance provided by a Comcare officer
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Seafarers Rehabilitation and Compensation Regulations 1993.
2 Commencement [see Note 1]
These Regulations commence when Part 9 of the Seafarers Rehabilitation and Compensation Act 1992 commences.
3 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Seafarers Rehabilitation and Compensation Act 1992.
4 Amount of liability to be insured against
For the purposes of subsection 97 (1) of the Act, the prescribed amount of liability for a single event which results in an injury to one or more employees is $2,000,000.00.
5 Fees for Comcare officer assisting an employer
(1) For subsection 141 (1) of the Act, the prescribed fee for the provision of a Comcare officer's services for the purposes of section 78 of the Act is the sum of:
(a) $85 for each hour, and a proportionate amount for a part of an hour, spent by the officer assisting, or travelling in connection with providing assistance to, an employer to reconsider a determination; and
(b) travel and accommodation expenses incurred by the officer in assisting an employer to reconsider a determination.
(2) The amount in paragraph (1) (a) is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.
6 Recovery of fees for assistance provided by a Comcare officer
A fee charged by Comcare under subsection 141 (1) of the Act may be recovered as a debt due to Comcare.
Notes to the Seafarers Rehabilitation and Compensation Regulations 1993
Note 1
The Seafarers Rehabilitation and Compensation Regulations 1993 (in force under the Seafarers Rehabilitation and Compensation Act 1992) as shown in this compilation comprise Statutory Rules 1993 No. 134 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1993 No. 134 | 23 June 1993 | 24 June 1993 (see r. 2) | |
2000 No. 198 | 31 July 2000 | 31 July 2000 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2000 No. 198 |
R. 5................. | am. 2000 No. 198 |
Overview
The Seafarers Rehabilitation and Compensation Regulations 1993, made under the Seafarers Rehabilitation and Compensation Act 1992, were enacted to address the specific needs of seafarers who suffer injuries or illnesses while on duty. These regulations were introduced to ensure that seafarers receive appropriate rehabilitation and compensation for work-related injuries, thereby providing a safety net for those who are often far from their homes and usual support systems. The regulations were prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and were last compiled on 31 July 2000, incorporating amendments up to Statutory Rules 2000 No. 198. The primary objective of these regulations, as stated, is to implement the provisions of the Seafarers Rehabilitation and Compensation Act 1992, ensuring the effective administration of the rehabilitation and compensation scheme for seafarers.
Scope and Application
The Seafarers Rehabilitation and Compensation Regulations 1993, made under the Seafarers Rehabilitation and Compensation Act 1992, apply to seafarers and employers within the maritime industry, providing a framework for rehabilitation and compensation for those injured at sea. These regulations govern the amount of liability that must be insured against, which is set at $2,000,000.00 for a single event resulting in injury, and detail the fees charged by Comcare officers for their assistance in reconsidering determinations, which include $85 per hour and any incurred travel and accommodation expenses. The regulations also provide for the recovery of these fees as a debt due to Comcare. The scope of these regulations extends nationally, applying across Australia, and they are subject to amendments via subordinate instruments, as evidenced by the changes made by Statutory Rules 2000 No. 198.
Key Provisions
The Seafarers Rehabilitation and Compensation Regulations 1993 (SR 1993 No. 134) are a set of regulations made under the Seafarers Rehabilitation and Compensation Act 1992 (SRC Act). They came into effect on 24 June 1993, in accordance with regulation 2, and have been amended as indicated in the Table of Statutory Rules and Table of Amendments. The Regulations specify the prescribed amount of liability for a single event resulting in injury to one or more employees (reg. 4), the fees for Comcare officer services (reg. 5), and the recovery of fees charged by Comcare (reg. 6).
These Regulations impose several obligations and requirements on the parties and entities they govern. Firstly, they mandate the amount of liability that employers must insure against for injuries occurring to their employees at sea (reg. 4). Secondly, they set the fees for Comcare officers assisting employers, which includes an hourly rate and travel and accommodation expenses (reg. 5). Lastly, they provide for the recovery of fees charged by Comcare for the assistance provided (reg. 6).
The Regulations include provisions for potential breaches and the consequences thereof. While specific offences are not detailed within the Regulations, breaches of the Act and associated Regulations may lead to civil and criminal consequences. Under the SRC Act, penalties for non-compliance can include substantial fines. For example, the Act may impose penalties for failing to provide the required insurance coverage or for not adhering to the prescribed fees for Comcare officer services. The maximum penalties for these breaches are not specified in the Regulations but would be outlined in the SRC Act itself. It is essential for employers and other relevant parties to comply with these Regulations to avoid potential legal ramifications.