Seamen’s Compensation
No. 49 of 1970
An Act to increase certain amounts of Compensation payable to Seamen.
[Assented to 24 June 1970]
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 1970.
(2.) The Seamen’s Compensation Act 1911-1968 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 1911-1970.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Compensation for certain injuries.
3. Section 5b of the Principal Act i0073 amended by omitting from sub-section (1.) the words “Ten thousand dollars” and inserting in their stead the words “Twelve thousand dollars”.
Maximum compensation.
4. Section 5d of the Principal Act is amended by omitting from sub-section (1.) the words “Ten thousand dollars” and inserting in their stead the words “Twelve thousand dollars “.
First Schedule.
5. The First Schedule to the Principal Act is amended as set out in the following table:—
Provision amended | Omit— | Insert— |
Paragraph (1.) (a) (i)......... | Ten thousand dollars | Twelve thousand dollars |
Paragraph (1.) (b)........... | Twenty-eight dollars fifteen cents | Thirty-one dollars eighty cents |
Paragraph (1.) (6) (i) ........ | Six dollars eighty cents | Seven dollars seventy cents |
Paragraph (1.) (b) (ii)........ | Two dollars fifty cents | Two dollars eighty cents |
Paragraph (1.) (c) (i)......... | Twenty-eight dollars fifteen cents | Thirty-one dollars eighty cents |
Paragraph (2.) (a) (ii)........ | One thousand six hundred and fifty dollars | Two thousand dollars |
Paragraph (2.) (b) (iii)........ | Twenty-one dollars ten cents | Twenty-three dollars eighty-five cents |
| Twenty-eight dollars fifteen cents | Thirty-one dollars eighty cents |
Paragraph (10a.)........... | than Two hundred dollars | than Two hundred and eighty dollars |
| and Two hundred dollars | and Two hundred and eighty dollars |
Adjustment of weekly payments &c., under Principal Act.
6.—(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 or but for the operation of clause (ii) of sub-paragraph (b) of paragraph (2.) of that Schedule, and on or after that date he becomes incapacitated for work as a result of the injury or disease or that clause ceases to have effect in relation to him, 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.
(4.) Where, immediately before the date of commencement of this Act, a seaman was receiving, was entitled to receive, or, but for the operation of clause (ii) of sub-paragraph (b) of paragraph (2.) of the First Schedule to the Principal Act, would have been entitled to receive, weekly payments in accordance with that Schedule in respect of an injury or injuries sustained or a disease contracted before that date, the provisions of section 5d of the Principal Act as amended by this Act apply in relation to the injury, injuries or disease.
(5.) The amendment made by section 3 of this Act applies in relation to an injury sustained on or after the date of commencement of this Act notwithstanding that the accident or disease that caused the injury occurred before that date.
Overview
The Seamen’s Compensation Act 1970 was enacted to address the need for updated compensation amounts for seamen injured or killed in the course of their employment. This Act amends the Seamen’s Compensation Act 1911-1968, updating the maximum compensation payable to seamen, including adjustments to weekly payments and other benefits outlined in the First Schedule of the Principal Act. The objective of this legislation is to ensure that the compensation provided to injured seamen reflects current economic conditions and the cost of living. It was enacted by the Parliament of Australia and came into operation on the day it received Royal Assent, 24 June 1970. The Act provides for an immediate adjustment of compensation amounts for ongoing cases and for injuries sustained prior to the Act’s commencement, ensuring that affected seamen receive the increased benefits as stipulated.
Scope and Application
The Seamen’s Compensation Act 1970 applies to seamen who have sustained injuries or contracted diseases in the course of their employment, thereby affecting their ability to work. This Act amends the existing Seamen’s Compensation Act 1911-1968, thereby expanding the compensation amounts available to seamen for injuries or diseases sustained during their service. The Act specifically adjusts various compensation figures and modifies the weekly payments for incapacity resulting from injuries or diseases, ensuring that seamen receive updated and higher compensation amounts. It also applies to compensation payable in cases where death results from an injury or disease sustained prior to the Act's commencement. The Act operates nationally across Australia, as it is a Commonwealth Act, and it provides an increased threshold for maximum compensation, with specific adjustments detailed in the First Schedule. This legislative amendment ensures that seamen are fairly compensated for their injuries and diseases, reflecting the current economic conditions and the need for updated compensation rates.
Key Provisions
The Seamen’s Compensation Act 1970, referred to as the Seamen’s Compensation Act 1911-1970 after amendment, increases certain compensation amounts payable to seamen. This Act amends the Principal Act by adjusting various monetary figures from ten thousand dollars to twelve thousand dollars and modifies several other compensation rates specified in the First Schedule (sections 3 and 4). Furthermore, it ensures that any seamen receiving or entitled to receive weekly payments immediately before the Act's commencement continue to receive these payments according to the amended rates, as well as for those who become incapacitated after the commencement date due to injuries or diseases sustained before the Act came into force (section 6(1) and (2)). For deaths resulting from injuries or diseases sustained before the Act's commencement, compensation is to be paid in accordance with the amended Principal Act (section 6(3)). The Act also retroactively applies to injuries sustained on or after the commencement date, regardless of when the injury or disease occurred (section 6(5)).
Under this Act, there are several obligations imposed on parties and entities it governs. Seamen who were receiving or were entitled to receive weekly payments before the Act's commencement must now receive payments according to the amended rates specified in the Act. Similarly, for those who become incapacitated due to injuries or diseases after the Act's commencement, the compensation payable is to be adjusted to reflect the new rates. Employers, shipowners, and other responsible parties must ensure that these payments are made in accordance with the amended Principal Act. The Act also requires that any compensation for deaths resulting from pre-commencement injuries or diseases must be calculated and paid based on the updated compensation figures.
The Act does not explicitly outline specific offences, penalties, or consequences for breach. However, by imposing new compensation rates and conditions, any failure to comply with these new provisions could potentially lead to legal challenges or disputes regarding the validity of compensation claims. Employers or parties failing to adhere to the updated compensation rates could face legal action from seamen seeking to enforce their rights under the amended Act. While specific penalties are not stated, breaches of compensation obligations could result in legal consequences, including court-ordered payments or penalties as determined by a court.
The Seamen’s Compensation Act 1970 ensures that seamen receive increased compensation for injuries or diseases sustained on or after its commencement date, as well as for those injured before the Act's commencement who become incapacitated afterwards. It mandates that compensation payments are adjusted to the new rates specified in the Act and applies retroactively to certain injuries. While the Act does not detail specific penalties for non-compliance, failure to adhere to the new compensation rates could lead to legal disputes and potential court-ordered remedies.