Seamen's Compensation Act 1974

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Legislation au C2004A00151 Not in force Act

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SEAMEN’S COMPENSATION ACT 1974

No. 93 of 1974

 

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

 

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Seamen’s Compensation Act 1974.

(2). The Seamen’s Compensation Act 1911-1973 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 1911-1974.

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 by omitting from sub-section (1) the words “Fourteen thousand five hundred dollars” and substituting the figures “$20,000”.

Maximum compensation.

4. Section 5d of the Principal Act is amended by omitting from sub-section (1) the words “Fourteen thousand five hundred dollars” and substituting the figures “$20,000”.

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 “Fourteen thousand five hundred dollars” and substituting the figures “$20,000 ”;

(b) by omitting from clause (iii) of sub-paragraph (a) of paragraph (1) the words “Three hundred dollars” and substituting the figures “$450”;

(c) by omitting from sub-paragraph (b) of paragraph (1) the words “Forty-three dollars” and substituting the figures “$57”;

(d) by omitting from clause (i) of sub-paragraph (b) of paragraph (1) the words “Eleven dollars” and substituting the figures “$15”;

(e) by omitting from clause (ii) of sub-paragraph (b) of paragraph (1) the words “Five dollars” and substituting the figures “$7 ”;

(f) by omitting from clause (i) of sub-paragraph (c) of paragraph the words “Forty-three dollars” and substituting the figures “$57”; and

(g) by omitting from paragraph (10a) the words “Five hundred dollars” (wherever occurring) and substituting the figures “$700”.

Application of amendments.

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, weekly payments in accordance with the First Schedule to the Principal Act would have been payable to a seaman in respect of an injury or disease 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 injury or disease 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 disease in respect of which compensation was payable before that date 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 weekly payments that, by virtue of sub-section (1), became payable in respect of a child in accordance with clause (i) of sub-paragraph (a) of paragraph (1) of the First Schedule to the Principal Act as amended by this Act cease, on or after the date of commencement of this Act, to be payable, any additional amount of compensation payable in respect of that child shall be payable in accordance with the Principal Act as amended by this Act.

(5) 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 or a disease, the provisions of section 5d of the Principal Act as amended by this Act apply in relation to the injury, injuries or disease.

(6) The amendments made by this Act apply in relation to an injury sustained on or after the date of commencement of this Act, and so apply whether the accident or disease that caused the injury occurred before, on or after that date.

(7) Expressions used in this section have the same respective meanings as in the Principal Act.

 

 

Overview

The Seamen’s Compensation Act 1974 was enacted to address the need for updated compensation rates for injuries and illnesses affecting seamen. This legislation, passed by the Australian Parliament, amends the Seamen’s Compensation Act 1911-1973, primarily to adjust the monetary values of compensation payable to seamen. The policy objective is to ensure that compensation reflects current economic conditions and adequately supports those who suffer work-related injuries or diseases while employed at sea. By increasing the compensation amounts, the Act aims to provide more equitable support for seamen who are incapacitated due to their work, thereby protecting their rights and welfare.

Scope and Application

The Seamen’s Compensation Act 1974 applies to individuals who are employed as seamen and are engaged in maritime work, including those who are injured or become ill as a result of their employment. This Act amends the Seamen’s Compensation Act 1911-1973, updating the compensation amounts for injuries sustained by seamen. The amendments apply to injuries sustained on or after the date of commencement of this Act, regardless of when the accident or disease that caused the injury occurred. The Act applies nationally across Australia, impacting all seamen employed in maritime work within the Commonwealth. The Act does not explicitly state exclusions or exemptions, but it does clarify that the amendments apply to both ongoing and new cases of seamen's injuries and diseases. The application of the Act can be further extended or restricted through subordinate instruments, which may provide additional definitions or procedural details.

Key Provisions

The Seamen’s Compensation Act 1974 (Act) is an amendment to the Seamen’s Compensation Act 1911-1973 (Principal Act), aiming to update the compensation figures for seamen suffering from injuries or diseases related to their work. The main sections (sections 3, 4, and 5) revise the monetary compensation figures for various conditions, increasing the maximum compensation from $14,500 to $20,000 and adjusting other related figures. These changes are reflected in the First Schedule of the Principal Act, which outlines the weekly payments for different injuries and diseases. The Act imposes specific obligations on parties involved in maritime employment, ensuring that any compensation claims are handled according to the updated figures. For instance, section 6 ensures that seamen who were receiving or were entitled to receive compensation immediately before the Act's commencement continue to receive payments according to the new figures. Additionally, it mandates that any new claims or continuations of existing claims post-commencement adhere to the updated compensation rates. This includes cases where a seaman becomes incapacitated after the Act comes into force or where death results from a pre-existing injury or disease. In terms of legal consequences, the Act does not explicitly outline specific offences, penalties, or consequences for breaches. However, the obligation to provide updated compensation figures ensures that any failure to comply with the Act could potentially lead to legal disputes or claims for non-compliance. The Act's amendments are designed to ensure that seamen receive fair and updated compensation for their injuries or diseases, reflecting the changes in economic conditions since the original Principal Act was enacted. The amendments provided by the Act are retrospective to a certain extent, applying to injuries sustained on or after the date of commencement but also covering pre-existing conditions that continue to affect the seaman post-commencement. This comprehensive approach ensures that all affected parties, whether their injuries are new or ongoing, benefit from the updated compensation rates. The Act's provisions are clear and straightforward, ensuring that the updated compensation figures are applied uniformly across all relevant cases.

Legal classification tags

Area of Law
Workers' Compensation Law
Instrument
Act
Concepts
Definitions & Interpretation
Compensation for certain injuries
Maximum compensation
Commencement Provisions

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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.