Seafarers Rehabilitation and Compensation (Specified Rate per Kilometre) Notice 2008 (1)

Overview

The Seafarers Rehabilitation and Compensation (Specified Rate per Kilometre) Notice 2008, issued under the Seafarers Rehabilitation and Compensation Act 1992, aims to address the need for setting specific rates for travel expenses incurred by injured seafarers who travel more than 50 kilometres for medical treatment, rehabilitation, or related assessments. This legislative instrument, created by the Minister for Employment and Workplace Relations, specifies the rate per kilometre that employers must use to calculate payments for these travel expenses. The Notice sets a rate of $0.60 per kilometre for journeys on or after 1 July 2008, reflecting a 13-cent increase from the previous rate and aligning with the increase in the Consumer Price Index for motoring costs. The objective of this regulation is to ensure that the compensation for travel expenses remains proportionate to the actual costs faced by seafarers. The instrument is enacted by the relevant Minister under the authority granted by the Legislative Instruments Act 2003. It serves to provide clear and updated guidelines for the calculation of travel expenses, ensuring that the rates remain reflective of current economic conditions and the actual costs borne by seafarers. This regulation is crucial in maintaining fairness and accuracy in the compensation provided to injured seafarers under the Seafarers Rehabilitation and Compensation Act.

Scope and Application

The Seafarers Rehabilitation and Compensation (Specified Rate per Kilometre) Notice 2008 applies to employers who are liable to pay travel expenses to injured employees under the Seafarers Rehabilitation and Compensation Act 1992. This Act applies to employers who engage seafarers in Australia, making it a Commonwealth-regulated instrument. The Notice specifies the rate per kilometre for travel expenses payable when an injured employee makes a return journey exceeding 50 kilometres to obtain medical treatment, rehabilitation, or for medical examinations related to injury and compensation. The rate specified is $0.60 per kilometre for journeys on or after 1 July 2008, which reflects an increase from the previous rate to account for the rise in the Consumer Price Index. The instrument is a legislative instrument subject to the Legislative Instruments Act 2003, and it extends or adjusts the application of the Seafarers Act through the specification of travel expense rates.

Key Provisions

The Seafarers Rehabilitation and Compensation (Specified Rate per Kilometre) Notice 2008 (1) sets forth the rate for travel expenses payable under certain sections of the Seafarers Rehabilitation and Compensation Act 1992 (the Seafarers Act). Specifically, it details the rate per kilometre for travel expenses in paragraphs 28(6A)(b), 49(6B)(b), 50(2B)(b), and sub-sections 66(4B) and 83A(5) of the Act. According to these sections, employers are required to compensate injured employees for return journeys exceeding 50 kilometres, which are necessary for medical treatment, assessment, rehabilitation programs, or medical examinations for liability or reconsideration related to the injury for which compensation is payable. This compensation is calculated by multiplying the distance travelled by the specified rate per kilometre. The obligations imposed by the Act on employers are clear and specific. Employers must pay travel expenses for their injured employees when such employees undertake return journeys exceeding 50 kilometres for purposes related to their injury. The amount payable is determined by multiplying the kilometres travelled by the specified rate per kilometre. The Notice specifies that from 1 July 2008, this rate is $0.60 per kilometre. This obligation ensures that injured seafarers receive necessary compensation for travel expenses incurred as part of their rehabilitation and medical treatment. In terms of penalties and consequences for breaches of the Act, the legislation itself does not explicitly outline specific penalties for non-compliance. However, under the broader framework of the Seafarers Rehabilitation and Compensation Act 1992, non-compliance with the provisions regarding compensation and rehabilitation can lead to civil and administrative consequences. Employers found to be in breach of their obligations might face legal action from injured employees seeking compensation, and potentially, regulatory penalties imposed by the relevant authorities. While the Notice does not specify maximum penalties, the seriousness of the obligation to compensate injured employees for necessary travel expenses implies that failure to do so could result in significant legal and financial repercussions for the employer.