Seamen’s Compensation
No. 124 of 1968
An Act to increase the Amounts of Weekly Payments of Compensation payable to, and in respect of, Seamen.
[Assented to 3 December 1968]
BE it enacted by the Queen’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 1968.
(2.) The Seamen’s Compensation Act 1911–1967 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 1911–1968.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
First Schedule.
3. The First Schedule to the Principal Act is amended as set out in the following table:—
Provision amended | Omit— | Insert— |
Paragraph (1.) (b)......... | Twenty-five dollars thirty-five cents | Twenty-eight dollars fifteen cents |
Paragraph (1.) (b) (i) ....... | Six dollars | Six dollars eighty cents |
Paragraph (1.) (b) (ii)....... | Two dollars forty-five cents | Two dollars fifty cents |
Paragraph (1.) (c) (i)....... | Twenty-five dollars thirty-five cents | Twenty-eight dollars fifteen cents |
Paragraph (2.) (b) (iii)...... | Nineteen dollars | Twenty-one dollars ten cents |
| Twenty-five dollars thirty-five cents | Twenty-eight dollars fifteen cents |
Adjustment of weekly payments under Principal Act.
4.—(1.) Where, immediately before the date of commencement of this Act, a person was receiving, or was entitled to receive, weekly payments in accordance with the First Schedule to the Principal Act, he is, from and including that date, entitled to receive weekly payments in accordance with the Principal Act as amended by this Act.
(2.) Where, before the date of commencement of this Act, a seaman sustained an injury or contracted a disease in respect of which weekly payments in accordance with the First Schedule to the Principal Act
would have been payable immediately before that date but for the fact that he was not then incapacitated for work, and on or after that date he becomes incapacitated for work as a result of the injury or disease, weekly payments in respect of that incapacity shall be in accordance with the Principal Act as amended by this Act.
(3.) Where, on or after the date of commencement of this Act, death results from an injury or a disease that was sustained or contracted before that date and in respect of which compensation was payable under the Principal Act, compensation shall be paid in respect of that death in accordance with the Principal Act as amended by this Act.
Overview
The Seamen’s Compensation Act 1968 was enacted to address the issue of updating the compensation amounts payable to seamen under the Seamen’s Compensation Act 1911–1967. This Act was introduced to provide a legislative solution to ensure that the compensation rates for seamen are adjusted in line with economic changes and the cost of living. Enacted by the Parliament of the Commonwealth of Australia, the Act aims to amend the Principal Act by increasing the weekly payments for seamen who have been injured or contracted diseases while at sea. By amending the First Schedule of the Principal Act, the 1968 Act ensures that the compensation amounts are brought up to date, thereby providing fair and adequate support to seamen and their families in cases of injury or death related to their maritime employment. The policy objective is to maintain the adequacy of compensation for seamen, ensuring it reflects current economic conditions and the needs of those affected by maritime-related injuries or illnesses.
Scope and Application
The Seamen’s Compensation Act 1968 applies to individuals who were receiving, or were entitled to receive, weekly compensation payments under the Seamen’s Compensation Act 1911–1967 prior to the Act’s commencement. This includes any seamen who sustained an injury or contracted a disease before the Act came into effect but did not become incapacitated for work until after the Act’s commencement, as well as those who died from such injuries or diseases post-commencement. The Act amends the Principal Act to adjust the weekly payments for these individuals according to the new rates specified in the First Schedule. The Act operates nationally across Australia as it is a Commonwealth Act, meaning it applies uniformly throughout all states and territories. There are no exclusions or exemptions outlined in the Act, and it does not refer to any subordinate instruments extending or restricting its application.
Key Provisions
The Seamen’s Compensation Act 1968 primarily focuses on adjusting the weekly payments of compensation for seamen as outlined in the First Schedule of the Seamen’s Compensation Act 1911–1967 (the Principal Act). The Act introduces new compensation rates that replace the existing ones, providing higher payments to eligible seamen (Section 4). Specifically, Section 4(1) ensures that any person who was receiving or entitled to receive weekly payments immediately before the commencement of this Act is now entitled to receive payments according to the amended Principal Act. Furthermore, Section 4(2) states that if a seaman sustains an injury or contracts a disease that would have warranted compensation payments before the Act's commencement but was not incapacitated at that time, and becomes incapacitated on or after the commencement date, the weekly payments for their incapacity will be in accordance with the updated Principal Act. Section 4(3) also addresses compensation for deaths resulting from injuries or diseases sustained before the Act's commencement, ensuring that compensation is paid according to the amended Principal Act.
The Seamen’s Compensation Act 1968 imposes specific obligations on the entities governed by the Act. Primarily, it mandates that any person who was receiving or entitled to receive compensation payments under the Principal Act prior to the Act's commencement must now receive payments at the new rates specified in the amended Principal Act (Section 4(1)). Additionally, it requires that any seaman who becomes incapacitated for work due to an injury or disease that would have warranted compensation payments before the Act's commencement must receive payments in accordance with the updated Principal Act (Section 4(2)). For deaths resulting from injuries or diseases sustained before the Act's commencement, the Act requires that compensation be paid in accordance with the amended Principal Act (Section 4(3)). These obligations ensure that the new compensation rates are uniformly applied to all eligible cases.
Breach of the provisions of the Seamen’s Compensation Act 1968 does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, failure to adhere to the updated compensation rates as mandated by the Act may lead to legal disputes or claims by affected seamen. The Act primarily focuses on ensuring that eligible seamen receive the correct compensation rates, and any non-compliance could potentially result in legal actions to enforce the updated provisions. While the Act does not specify maximum penalties, the enforcement of these provisions through the courts could lead to penalties or consequences as determined by the judicial system based on the specific circumstances of non-compliance.