Seamen's Compensation Act 1971

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Seamen’s Compensation

No. 52 of 1971

An Act to increase certain Amounts of Compensation payable to, and in respect of, Seamen.

[Assented to 25 May 1971]

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 1971.

(2.) The Seamen’s Compensation Act 1911–1970 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 1911-1971.

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 is amended—

(a) by omitting from sub-section (1.) the words “Twelve thousand dollars” and inserting in their stead the words “Thirteen thousand five hundred dollars”; and

(b) by omitting sub-sections (2.) and (7.).

Maximum compensation.

4 Section 5d of the Principal Act is amended by omitting from sub-section (1.) the words “Twelve thousand dollars” and inserting in their stead the words “Thirteen thousand five hundred dollars”.

First Schedule.

5. The First Schedule to the Principal Act is amended—

(a) by omitting from clause (i) of sub-paragraph (a) of paragraph (1.) the words “Twelve thousand dollars” and inserting in their stead the words “Thirteen thousand five hundred dollars”;

(b) by omitting from clause (iii) of sub-paragraph (a) of paragraph (1.) the words “One hundred and twenty dollars” and inserting in their stead the words “Three hundred dollars”;

(c) by omitting from sub-paragraph (b) of paragraph (1.) the words “Thirty-one dollars eighty cents” and inserting in their stead the words “Thirty-five dollars”;

(d) by omitting from clause (i) of sub-paragraph (b) of paragraph (1.) the words “Seven dollars seventy cents” and inserting in their stead the words “Eight dollars fifty cents”;

(e) by omitting from clause (ii) of sub-paragraph (b) of paragraph (1.) the words “Two dollars eighty cents” and inserting in their stead the words “Five dollars”;

(f) by omitting from clause (i) of sub-paragraph (c) of paragraph (1.) the words “Thirty-one dollars eighty cents” and inserting in their stead the words “Thirty-five dollars”;

(g) by omitting from clause (i) of sub-paragraph (a) of paragraph (2.) the word “but”;

(h) by omitting clause (ii) of sub-paragraph (a) of paragraph (2.);

(j) by adding at the end of clause (i) of sub-paragraph (b) of paragraph (2.) the word “and”;

(k) by omitting clause (iii) of sub-paragraph (b) of paragraph (2.); and

(l) by omitting from paragraph (10a.) the words “Two hundred and eighty dollars” (wherever occurring) and inserting in their stead the words “Five hundred dollars”.

6. The Third Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—

THIRD SCHEDULE Section 5b.

Part I.

Injuries in respect of which the Amount of Compensation Specified in Section 5b (1.) is Payable

Loss of, or total loss of sight of, both eyes

Loss of, or total loss of sight of, a useful eye, the other being blind or absent

Loss of both hands

Loss of hand and foot

Loss of both feet

Part II.

Injuries in respect of which a Percentage of the Amount of Compensation Specified in Section 5b(1.) is Payable

First Column Nature of Injury	Second Column Percentage
Loss of, or total loss of sight of, one eye, with serious diminution of the sight of the other.........	75
Loss of, or total loss of sight of, one eye.........................................	40
Total loss of hearing......................................................	70
Complete deafness of one ear................................................	20
Loss of arm at or above elbow................................................	80
Loss of arm below elbow, loss of hand or loss of thumb and four fingers of the one hand.........	70
Loss of thumb..........................................................	30
Loss of forefinger........................................................	20
Loss of middle finger.....................................................	16
Loss of ring finger.......................................................	14
Loss of little finger.......................................................	13
Total loss of movement of joint of thumb........................................	14
Loss of distal phalanx or joint of thumb.........................................	16
Loss of portion of terminal segment of thumb involving one-third of its flexor surface without loss of distal phalanx or joint	14
Loss of two phalanges or joints of forefinger......................................	12
Loss of two phalanges or joints of middle or ring finger...............................	11
Loss of two phalanges or joints of little finger.....................................	10
Loss of distal phalanx or joint of forefinger.......................................	10
Loss of distal phalanx or joint of other finger......................................	8
Loss of leg at or above knee.................................................	75
Loss of leg below knee....................................................	65
Loss of foot............................................................	60
Loss of great toe.........................................................	20
Loss of any other toe......................................................	8
Loss of two phalanges or joints of any other toe....................................	7
Loss of phalanx or joint of great toe............................................	10
Loss of phalanx or joint of any other toe.........................................	6

Adjustment of weekly payments, &c., under Principal Act.

7.—(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 amendments made by sections 3 and 6 of this Act apply 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 1971 was enacted to address the need for updating compensation rates for seamen injured or affected by occupational hazards at sea. This Act amends the Seamen’s Compensation Act 1911–1970, updating various compensation amounts for injuries and diseases sustained by seamen. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act’s primary objective is to adjust compensation amounts to reflect contemporary economic conditions, ensuring that seamen receive adequate financial support in cases of injury or disease. The Act introduces higher compensation rates, replacing the previous figures with new amounts to better cater to the current needs of affected individuals. This legislative update ensures that the compensation system remains fair and relevant, addressing any gaps in support that may have arisen due to inflation or changes in the maritime industry. The Act also includes provisions for the adjustment of existing weekly payments and the calculation of compensation for injuries sustained before the Act's commencement but resulting in incapacity or death afterward.

Scope and Application

The Seamen’s Compensation Act 1971 applies to individuals who are classified as seamen, specifically those employed on vessels registered in Australia or under the Australian flag. This Act provides for increased compensation for seamen who sustain injuries or contract diseases in the course of their employment, as well as for the families of seamen who die as a result of such injuries or diseases. The Act amends the Seamen’s Compensation Act 1911-1970 to increase the amounts of compensation payable under certain circumstances, thereby ensuring that compensation remains relevant and sufficient to meet the needs of affected parties. The amendments pertain to both past and future injuries or diseases, with provisions for adjusting existing weekly payments and applying the new compensation rates retroactively under certain conditions. The Act applies nationally, as it is a Commonwealth Act, and there are no specific exclusions or exemptions stated within the text provided. The application and interpretation of the Act may be further detailed through subordinate instruments, which could provide additional guidance on the administration and enforcement of the Act.

Key Provisions

The Seamen’s Compensation Act 1971 (the Act) amends the Seamen’s Compensation Act 1911-1970 (the Principal Act) to adjust the amounts of compensation payable to seamen. Section 3 of the Act changes the maximum compensation payable for certain injuries from Twelve Thousand Dollars to Thirteen Thousand Five Hundred Dollars, as specified in Section 5b(1) of the Principal Act. Similarly, Section 4 adjusts the maximum compensation under Section 5d(1) of the Principal Act in the same manner. Section 5 makes further amendments to the First Schedule of the Principal Act, updating various compensation amounts for specific injuries and conditions. These amendments include changes such as increasing the compensation for the loss of both eyes from Twelve Thousand Dollars to Thirteen Thousand Five Hundred Dollars and adjusting other injury-related compensations accordingly. The Act imposes several obligations and requirements on the parties involved. Section 7 mandates that any seaman who was receiving or entitled to receive weekly payments under the First Schedule of the Principal Act immediately before the Act's commencement will now receive payments in accordance with the amended Principal Act. This section also applies to seamen who sustained injuries or contracted diseases before the Act's commencement but became incapacitated for work or had their compensation eligibility affected thereafter. Furthermore, the Act requires that compensation for deaths resulting from pre-commencement injuries or diseases be paid according to the amended Principal Act. Breach of the provisions set forth in the Act may result in various consequences. Although the Act does not explicitly state offences or penalties, it is likely that failure to comply with the adjusted compensation requirements could lead to legal actions for non-payment or underpayment of compensation. Such breaches could result in civil litigation where the aggrieved party seeks redress for the unpaid or inadequate compensation. Given the nature of the Act, any significant non-compliance might also draw scrutiny from maritime regulatory authorities, potentially leading to further administrative or legal consequences.

Area of Law: Compensation Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Compensation for certain injuries

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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