SEAMEN’S COMPENSATION.
No. 7 of 1949.
An Act to amend the Seamen’s Compensation Act 1911–1947, and for other purposes.
[Assented to 25th March, 1949.]
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 1949.
(2.) The Seamen’s Compensation Act 1911–1947 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 1911–1949.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. Section three of the Principal Act is repealed and the following section inserted in its stead:—
Interpretation.
“3.—(1.) In this Act, unless the contrary intention appears—
‘County Court’ means a County Court, District Court or Local Court of any State, or any Court exercising in any part of the Commonwealth a limited civil jurisdiction and presided over by a judge or a police, stipendiary or special magistrate;
‘dependant’, in relation to a deceased seaman, means—
(a) a member of the seaman’s family;
(b) a person to whom the seaman stood in loco parentis or who stood in loco parentis to the seaman;
(c) any ex-nuptial child or grand-child of the seaman; and
(d) if the seaman was an ex-nuptial child, any parent or grand-parent of the seaman,
who was wholly or in part dependent upon his earnings at the date of his death or who would, but for his incapacity due to the injury, have been so dependent;
‘disease’ includes any physical or mental ailment, disorder, defect or morbid condition, whether of sudden or gradual development, and also includes the aggravation or acceleration of a disease and the recurrence of a pre-existing disease;
‘employer’ includes the Crown (whether in right of the Commonwealth or of a State), any authority constituted by or under the law of the Commonwealth or of a State or Territory of the Commonwealth, any body of persons (whether corporate or unincorporate) and the legal personal representative of a deceased employer;
‘injury’ means any physical or mental injury and includes the aggravation or acceleration of an injury and the recurrence of a pre-existing injury;
‘Judge of a County Court’ includes the Judge of a County Court, District Court or Local Court and also any police, stipendiary or special magistrate presiding, or having jurisdiction to preside, over a County Court as defined by this Act;
‘member of the family’, in relation to a seaman, means the wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother,…