Seafarers Rehabilitation and Compensation (Specified Laws) Declaration 2019

Administered by Department of Employment and Workplace Relations

Legislation au F2019L00294 In force Legislative Instrument

Legislation content

 

Seafarers Rehabilitation and Compensation (Specified Laws) Declaration 2019

made under subsection 139(7) of the

Seafarers Rehabilitation and Compensation Act 1992

Compilation No. 1 

Compilation date: 4 September 2020

Includes amendments up to: F2020L01127

About this compilation

This compilation

This is a compilation of the Seafarers Rehabilitation and Compensation (Specified Laws) Declaration 2019 that shows the text of the law as amended and in force on 4 September 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

5  Declaration

 

Schedule 1—Declaration

1  Name

  This instrument is the Seafarers Rehabilitation and Compensation (Specified Laws) Declaration 2019.

2  Commencement

  This instrument commences on the day after this instrument is registered on the Federal Register of Legislation.

3  Authority

  This instrument is made under subsection 139(7) of the Seafarers Rehabilitation and Compensation Act 1992.

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  Declaration

  For the purposes of subsection 139(7) of the Seafarers Rehabilitation and Compensation Act 1992, a law of a State or of a Territory that provides for the payment of compensation, other than workers' compensation, specified in column 1 of an item of the table in Schedule 1 is a specified law.


Schedule 1—Declaration

 

 

Column 1

Item

Law

 

Laws of the State of New South Wales

1

Motor Accidents Compensation Act 1999

2

Motor Accident Injuries Act 2017

3

Motor Accidents (Lifetime Care and Support) Act 2006

4

Sporting Injuries Insurance Act 1978

5

Victims Rights and Support Act 2013

Laws of the State of Queensland

6

National Injury Insurance Scheme (Queensland) Act 2016

7

Victims of Crime Assistance Act 2009

Laws of the State of South Australia

8

Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013

9

Victims of Crime Act 2001

Laws of the State of Tasmania

10

Motor Accidents (Liabilities and Compensation) Act 1973

11

Victims of Crime Assistance Act 1976

Laws of the State of Victoria

12

Transport Accident Act 1986

13

Victims of Crime Assistance Act 1996

Laws of the State of Western Australia

14

Criminal Injuries Compensation Act 2003

15

Motor Vehicle (Catastrophic Injuries) Act 2016

Laws of the Australian Capital Territory

16

Lifetime Care and Support (Catastrophic Injuries) Act 2014

16A

Motor Accident Injuries Act 2019

17

Road Transport (Third-Party Insurance) Act 2008

18

Victims of Crime (Financial Assistance) Act 2016

Laws of the Northern Territory

19

Motor Accidents (Compensation) Act

20

Victims of Crime Assistance Act

Laws of the Christmas Island Territory

21

Criminal Injuries Compensation Act 2003 (WA) (CI)

22

Motor Vehicle (Catastrophic Injuries) Act 2016 (WA) (CI)

Laws of the Cocos (Keeling) Island Territory

23

Criminal Injuries Compensation Act 2003 (WA) (CKI)

24

Motor Vehicle (Catastrophic Injuries) Act 2016 (WA) (CKI)


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

exp = expires/expired or ceases/ceased to have

reloc = relocated

effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Seafarers Rehabilitation and Compensation (Specified Laws) Declaration 2019

14 March 2019

(F20019L00294)

15 March 2019

-

Seafarers Rehabilitation and Compensation (Specified Laws) Amendment Declaration 2020

3 September 2020 (F2020L01127)

4 September 2020

-

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule 1, item 16A

ad F2020L01127

Schedule 2

rep LA s 48C

 

 

 

Overview

The Seafarers Rehabilitation and Compensation (Specified Laws) Declaration 2019, which commenced on 15 March 2019, was enacted to amend the Seafarers Rehabilitation and Compensation Act 1992 by specifying certain laws related to compensation payments for injuries sustained outside of workers' compensation schemes. This legislative instrument was made under subsection 139(7) of the Seafarers Rehabilitation and Compensation Act 1992 by the Parliament of Australia. The primary objective of this declaration is to ensure that the relevant compensation laws of each Australian state, territory, and external territory are recognised and integrated within the framework of the Seafarers Rehabilitation and Compensation Act 1992. This helps in providing a unified approach to the rehabilitation and compensation of seafarers injured in maritime accidents or incidents, thereby addressing the gap in ensuring consistent and comprehensive rehabilitation and compensation for seafarers across different jurisdictions.

Scope and Application

The Seafarers Rehabilitation and Compensation (Specified Laws) Declaration 2019 amends the Seafarers Rehabilitation and Compensation Act 1992 by specifying certain state and territory laws that provide for the payment of compensation, other than workers' compensation, as specified laws. This declaration applies to laws of various Australian states and territories, including New South Wales, Queensland, South Australia, Tasmania, Victoria, Western Australia, the Australian Capital Territory, the Northern Territory, Christmas Island, and Cocos (Keeling) Islands. The declaration identifies specific laws within these jurisdictions that are recognised as specified laws under the Seafarers Rehabilitation and Compensation Act 1992. The legislation does not explicitly mention exclusions or exemptions; however, it is specific to laws that provide for the payment of compensation excluding workers' compensation. The application and effect of the declaration are further detailed in the schedules attached to the instrument. The declaration itself comes into effect on the day after its registration on the Federal Register of Legislation, with subsequent amendments also coming into force on their respective registration dates.

Key Provisions

The Seafarers Rehabilitation and Compensation (Specified Laws) Declaration 2019 (F2019L00294) serves to specify particular State and Territory laws under the Seafarers Rehabilitation and Compensation Act 1992. This legislative instrument identifies specific laws of various Australian jurisdictions that provide for the payment of compensation, excluding workers' compensation, for injuries sustained by seafarers. Under the declaration, the laws specified in the Schedule are considered 'specified laws' for the purposes of the Act. The declaration is made under the authority of subsection 139(7) of the Seafarers Rehabilitation and Compensation Act 1992. The obligations imposed by the Act on the relevant parties include the requirement to identify and specify certain State and Territory laws that provide for the payment of compensation to seafarers. These obligations necessitate that the laws identified must be those that offer compensation for injuries sustained in the course of maritime employment, excluding workers' compensation schemes. The declaration is crucial in ensuring that the specified laws are recognised under the federal Act, thereby facilitating the process of rehabilitation and compensation for seafarers. Breaches of the provisions set forth in the declaration may lead to various civil and criminal consequences. While the specific penalties are not detailed within the text of the declaration itself, the overarching Act may provide for fines or imprisonment for non-compliance with its provisions. The precise penalties for any breaches would be determined in accordance with the relevant State or Territory laws, as well as any additional federal statutes that govern the enforcement and compliance of such legislation. The declaration ensures that the specified laws are applied consistently and recognised under the federal framework, thus maintaining the integrity of the rehabilitation and compensation process for seafarers.

Legal classification tags

Area of Law
Compensation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment

Interactions

Authorises

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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.