SEAMEN’S COMPENSATION.
No. 56 of 1938.
An Act to amend the Seamen’s Compensation Act 1911.
[Assented to 10th December, 1938.]
[Date of commencement, 7th January, 1939.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Seamen’s Compensation Act 1938.
(2.) The Seamen’s Compensation Act 1911 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Seamen’s Compensation Act 1911–1938.
Definitions.
2. Section three of the Principal Act is amended—
(a) by omitting the definition of “The Comptroller-General”; and
(b) by omitting the definition of “Seaman” and inserting in its stead the following definition:—
“‘Seaman’ means apprentice, pilot, or other person employed or engaged in any capacity on board a ship in connexion with the navigation or working of the ship, but does not include, a master, engineer or deck officer of a ship.”.
Application of Act.
3. Section four of the Principal Act is amended—
(a) by omitting paragraph (a) of sub-section (1.); and
(b) by omitting from sub-section (2.) the words “as regards paragraphs (b) and (c) of sub-section (1.) of this section,”.
4. After section five of the Principal Act the following sections are inserted:—
Medical benefits.
“5a.—(1.) In addition to any compensation payable by the employer under this Act in respect of personal injury caused to a seaman by accident arising out of and in the course of his employment, the employer shall pay the cost, not exceeding in any case the sum of Twenty-five pounds, of such medical, surgical and hospital treatment and ambulance services in relation to the injury as are, in the opinion of the Minister administering this Act, reasonably necessary:
Provided that an employer shall not be liable to pay the cost of medical, surgical and hospital treatment and ambulance services both independently of and also under this section:
Provided also that if the seaman is left on shore at any port and there is a public hospital at or convenient to that port and the seaman elects to be treated elsewhere than in that hospital, the liability of the employer in respect of the cost of medical, surgical and hospital treatment and ambulance services shall be limited to the amount that would be payable for the treatment and services if the seaman were treated as an in-patient of that hospital or the sum of Twenty-five pounds, whichever is the less.
(2.) For the purposes of this section—
“ambulance services” includes any conveyance of an injured workman to a medical practitioner or…
Overview
The Seamen’s Compensation Act 1938 was enacted to amend the Seamen’s Compensation Act 1911, addressing gaps in the existing legislation concerning compensation for seamen injured in the course of their employment or affected by industrial diseases. This Act was passed by the Parliament of the Commonwealth of Australia and received royal assent on 10 December 1938, with the amendments coming into effect on 7 January 1939. The policy objective of this Act is to provide a comprehensive framework for compensating seamen for injuries and diseases related to their employment, ensuring that they receive necessary medical treatment and financial support in case of incapacity or death. This includes defining the scope of who qualifies as a seaman, enhancing the compensation structure for specific injuries, and establishing the procedure for claiming compensation for industrial diseases.
Scope and Application
The Seamen's Compensation Act 1938 applies to all persons employed or engaged in any capacity on board a ship in connection with the navigation or working of the ship, except for masters, engineers, or deck officers. The Act operates throughout the Commonwealth of Australia and provides a framework for compensation for injuries and diseases sustained by seamen during the course of their employment. This includes entitlement to medical benefits, compensation for specified injuries, and compensation for certain industrial diseases. The Act’s application extends to employers of seamen, who are responsible for providing the specified compensation and medical benefits. The Act also includes provisions for the limitation of liability, the maximum compensation payable, and the procedures for making claims and obtaining evidence. Subordinate instruments may be used to further define certain aspects of the Act's application and to specify details regarding the administration of compensation claims.
Key Provisions
- The Seamen's Compensation Act 1938 introduces several key provisions aimed at amending the Seamen's Compensation Act 1911. Firstly, it modifies the definition of "seaman" to include apprentices, pilots, and others employed on board a ship in connection with navigation or working, but explicitly excludes masters, engineers, or deck officers (Section 2). It also alters the application of the Act, removing certain references and modifying the scope of compensation eligibility (Section 3). The Act introduces new sections that mandate employers to cover the cost of medical treatment and hospital services for injured seamen, up to a limit of Twenty-five pounds (Section 5a). Compensation for specific injuries is outlined in a new Third Schedule, detailing the monetary amounts payable for various types of injuries (Section 5b). Additionally, compensation for industrial diseases is addressed, with a Fourth Schedule listing the diseases covered under the Act (Section 5c).
- The Act imposes specific obligations on employers, including the payment of compensation for injuries and diseases contracted during employment, as well as the cost of necessary medical treatment. Employers are also required to provide information on previous employers if requested, to facilitate the determination of liability for compensation (Section 5c). The Act further mandates the submission of returns and reports to the Minister regarding compensation claims and payments, replacing previous reporting requirements to the Comptroller-General (Sections 5, 6, and 7).
- Violations of the Act may result in civil and criminal consequences. Employers who fail to comply with the provisions regarding compensation and medical treatment may face legal action, and in severe cases, criminal penalties. The specific penalties are not detailed within the provided text, but they would typically be determined by relevant laws and judicial decisions. The maximum compensation a seaman can receive for a single accident is capped at Seven hundred and fifty pounds, ensuring that no individual receives excessive compensation (Section 5d).
- Area of Law
- Employment & Labour Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Compensation for Specified Injuries
- Reporting & Disclosure Obligations
