Seamen's Compensation Regulations 1912

Legislation au C1913L00279 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1913. No. 279.

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, do hereby make the following Regulations under the Seamen’s Compensation Act 1911 to come into operation forthwith.

Provisional Regulations (Statutory Rules 1912, No. 127) under the said Act, made on the 13th day of June, 1912, are hereby cancelled.

Dated this fifteenth day of October, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

LITTLETON E. GROOM,

Minister 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. 14570.—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 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 and place 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 compensation paid, or where injury has resulted in death and no compensation has been paid, the home address of seaman as recorded in the ship’s articles.

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 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 Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Seamen’s Compensation Act 1911 was enacted by the Commonwealth Parliament to address the need for a structured compensation system for seamen injured or killed while working on Australian vessels. This legislation aimed to provide financial support to seamen and their families in the event of work-related injuries or fatalities, ensuring a level of protection and security for maritime workers. The Seamen’s Compensation Regulations 1912, made under the authority of the Governor-General and the Minister for Trade and Customs, establish the framework for administering the compensation process, including the procedures for reporting accidents, the fees for medical examinations, and the mechanisms for appeals against decisions made by County Courts. The policy objective is to ensure that injured seamen receive timely and adequate compensation, thereby reducing the financial burden on them and their families during periods of incapacity or following a fatal accident.

Scope and Application

The Seamen’s Compensation Regulations 1912, made under the Seamen’s Compensation Act 1911, apply to all vessels on which seamen employed under the Act are engaged. This includes vessels employed on voyages within Australian waters, with a particular focus on reporting requirements for injuries and compensation related to those injuries. The Act applies to the owner or master of any vessel operating within Australian territorial waters, except those specified in the regulations, and requires them to report details of any accidents and compensation paid to the Comptroller-General of Customs. These regulations cover all states, operating under the authority of the Collector of Customs in each state, and are applicable to all vessels except those explicitly excluded, such as those without an Australian owner. The Act extends its application through these Regulations, which provide specific instructions on fees, medical referee appointments, and the process for appeals to higher courts. The prescribed fees for medical examinations and applications for references are clearly outlined, and the appeal process is detailed to ensure consistency with the rules of the High Court or Supreme Court as applicable.

Key Provisions

The Seamen’s Compensation Regulations 1912, made under the Seamen’s Compensation Act 1911, outline several key provisions that govern the compensation process for seamen. Regulation 3 stipulates that the fee for a first examination by a medical referee is £2, while a subsequent examination costs £1. Regulation 4 clarifies that the prescribed authority responsible for the administration of these Regulations in each state is the Collector of Customs. Regulation 5 mandates that any moneys received by a prescribed authority in relation to the Act must be handled according to the directions of the Comptroller-General. The Regulations impose specific obligations on the parties involved. According to Regulation 9(1), the owner or master of a vessel employing seamen to whom the Act applies must submit a return to the Comptroller-General of Customs twice a year, detailing the particulars required by section 16 of the Act for the preceding six months. Regulation 9(2) further requires that for each seaman injured during these periods, a detailed return must be submitted, including information on the vessel, the seaman’s employment details, the nature of the injury, and the compensation paid. In the case of vessels without an Australian owner, the master must submit these returns within one week of an accident occurring within Australian territorial waters, or before the vessel is cleared, as per Regulation 9(3). Breach of these Regulations can lead to civil consequences, although the specific penalties are not detailed in the text provided. Regulation 6 outlines that a fee of £2 is payable for an application for a reference to a medical referee. The process for appealing a decision made by a County Court is detailed in Regulation 7, which requires the appellant to serve notice of appeal on the opposing party and file it in the appropriate courts within 21 days of the decision. The application of the Rules of the High Court or the Supreme Court to these appeals is governed by Regulation 8.

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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.