Seamen's Compensation Regulations 1912 (Provisional)

Legislation au C1912L00127 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1912. No. 127.

 

PROVISIONAL REGULATIONS UNDER THE SEAMEN’S COMPENSATION ACT 1911.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Seamen’s Compensation Act 1911 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 13th day of June, One thousand nine hundred and twelve.

DENMAN,

Governor-General.

By His Excellency’s Command,

FRANK G. TUDOR,

Minister of State for Trade and Customs.

 

Seamen’s Compensation Regulations.

Short Title.

1. These Regulations may be cited as the Seamen’s Compensation Regulations 1912.

Interpretation.

2. In these Regulations, unless the contrary intention appears, “the Act” means the Seamen’s Compensation Act 1911.

Fee to Medical Referee.

3. The fee payable to a medical referee shall be as follows:—

For a first examination—£2.

For a subsequent examination—£1.

Prescribed Authority.

4. Wherever in the First Schedule or the Second Schedule to the Act a prescribed authority is referred to, that authority shall in each State be the Collector of Customs for the State.

Moneys Received by Prescribed Authorities.

5. All moneys received by a prescribed authority in pursuance of paragraph (6) or paragraph (7) of the First Schedule to the Act shall be dealt with by such authority in accordance with the directions of the Comptroller-General.

Fee on Application for Reference to a Medical Referee.

6. The fee payable under paragraph (13) of the First Schedule to the Act shall be Two pounds.

C.7822.—Price 3d.


Appeal to High Court or Supreme Court from Decision of County Court.

7. (1) An appeal under paragraph (3) of the Second Schedule to the Act may be instituted by notice of appeal in accordance with this Regulation.

(2) The party appealing shall, within twenty-one days after the decision or order appealed against is made, serve the notice of appeal on the opposite party, and shall file a copy of the notice of appeal in the County Court and in the Registry of the High Court in the State or the Supreme Court of the State, as the case requires.

(3) The notice of appeal must state the grounds of appeal, and must set out the Court to which the appeal is made.

(4) The Registrar or other proper officer of the County Court in which the notice of appeal is filed shall, forthwith after receiving it, send to the Registrar or other proper officer of the Court to which the appeal is made, all such proceedings in the County Court as are necessary to the hearing of the appeal.

Application of Rules of High Court or Supreme Court.

8. The Rules of the High Court or the Rules of the Supreme Court, as the case requires, shall, subject to these Regulations, apply to appeals under paragraph (3) of the Second Schedule to the Act, as far as such Rules are applicable.

Particulars of Accidents and Compensation.

9. (1) The owner or master of every vessel (except a vessel included in Sub-regulation (3) of this Regulation), on which seamen to whom the Act applies are employed, shall furnish to the Comptroller-General of Customs, not later than the 31st day of July and the 31st day of January in each year, a return setting forth the particulars required by paragraphs (a) and (b) of section 16 of the Act for the six months ending on the 30th day of June and the 31st day of December respectively in each year.

(2) In addition to the returns required by Sub-regulation (1) of this Regulation, the owner or master of every vessel (except a vessel included in Sub-regulation (3) of this Regulation), on which seamen to whom the Act applies are employed, shall furnish to the Comptroller-General of Customs, not later than the 31st day of July and the 31st day of January in each year, a separate return in respect of each seaman to whom the Act applies injured during the six months ending on the 30th day of June and the 31st day of December respectively in each year, setting forth the following particulars:—

Name of vessel.

Nationality.

Place of registry.

Date of accident.

Name of person injured.

Nature of his employment.

Nature of injury.

Whether injury resulted in death.

Where injury does not result in death, period of incapacitation.

Amount of compensation paid.

Name and address of person to whom paid.

Where injury results in death, relationship of person to whom compensation paid to person injured.


9. (3) In the case of a vessel not having an owner in Australia on which any seaman to whom the Act applies is employed; the master shall furnish to the Comptroller-General of Customs, within one week of the date of the accident, or before clearance is granted, a separate return setting forth the particulars specified in Sub-regulation (2) of this Regulation in respect of each seaman to whom the Act applies injured while the vessel is in the territorial waters of the Commonwealth.

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.

Overview

The Seamen’s Compensation Regulations 1912 were enacted to provide a framework for the implementation of the Seamen’s Compensation Act 1911, addressing the need for a structured approach to compensation claims and procedures for seamen injured or killed during their employment. These regulations were made under the authority of the Governor-General in Council, as was customary at the time, to ensure that the Act could be effectively administered and enforced. The regulations outline the fees for medical referees, the role of prescribed authorities, and the procedures for appeals and reporting of accidents and compensation. The overarching policy objective is to ensure that seamen receive fair and timely compensation for injuries sustained in the course of their employment, thereby providing a safety net for those who work at sea.

Scope and Application

The Seamen’s Compensation Regulations 1912 provide the detailed mechanisms and processes for implementing the Seamen’s Compensation Act 1911, which primarily concerns the compensation of seamen who are injured or killed while performing their duties. These regulations apply to all vessels, except those specifically excluded, in which seamen employed under the Act are engaged. The scope includes both Australian and foreign vessels operating within the territorial waters of the Commonwealth, ensuring that the regulatory requirements are uniformly applied regardless of the vessel's nationality. The geographic reach of these regulations is national, as they are issued under the authority of the Commonwealth of Australia and are applicable across all states and territories. Notably, the Act does not specify any exclusions or thresholds beyond the types of vessels mentioned, and it extends its application through the prescribed procedures and fees outlined in the regulations. The Regulations mandate that owners and masters of vessels must furnish detailed returns of accidents and compensation to the Comptroller-General of Customs, ensuring transparency and accountability in the reporting of maritime incidents and the compensation process.

Key Provisions

The Seamen’s Compensation Regulations 1912 outline various provisions under the Seamen’s Compensation Act 1911, primarily focusing on the administrative and procedural aspects of compensating seamen. Under Section 3, the fee for a medical referee's first examination is set at £2, while a subsequent examination attracts a fee of £1. The prescribed authority responsible for handling certain monetary transactions as per the schedules of the Act is designated as the Collector of Customs in each State, as per Section 4. Furthermore, Section 6 specifies that the fee for an application for reference to a medical referee is Two pounds. These Regulations impose specific obligations on parties involved in the seamen’s compensation process. For example, owners or masters of vessels employing seamen must furnish detailed returns to the Comptroller-General of Customs. According to Section 9, these returns must be submitted twice a year by the 31st of July and the 31st of January, detailing the particulars of any accidents and compensation paid to seamen injured during the preceding six months. Additionally, in the case of vessels without an Australian owner, the master is required to submit a return within one week of an accident or before clearance is granted, as outlined in Sub-regulation 3. Violations of these Regulations can result in various penalties and consequences. Although specific penalties are not detailed within the text of the Regulations themselves, they would likely align with the provisions of the Seamen’s Compensation Act 1911 or other related legislation. Non-compliance with the requirements to submit accurate and timely returns could potentially lead to administrative actions or legal repercussions, depending on the jurisdiction and the specific nature of the breach.

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Area of Law
Maritime Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Fee to Medical Referee

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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.