STATUTORY RULES.
1919. No. 139.
REGULATION 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 make the following Regulation under the Seamen’s Compensation Act 1911, to come into operation forthwith.
Dated this fourth day of June, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Trade and Customs.
Amendment of the Seamen’s Compensation Regulations 1918.
(Statutory Rules 1918, No. 163.)
Regulation 56 (5) of the Seamen’s Compensation Regulations 1918 is repealed, and the following substituted therefor:—
56. (5) If all questions as to who are dependants, and the amount payable to each dependant have been settled by the proceedings of a County Court or by agreement or arbitration before payment to the prescribed authority, the sum paid shall be allotted between the dependants in accordance with the order of the County Court or the agreement or the award and the amount allotted to each dependant shall be invested applied or otherwise dealt with by the Comptroller-General for the benefit of the persons entitled thereto as the Comptroller-General thinks fit or as a County Court may direct either at the time such questions are settled or at any subsequent time, or as the arbitrator may in his award provide.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1919, No. 139, titled "Regulation Under the Seamen’s Compensation Act 1911," was enacted to amend the Seamen’s Compensation Regulations of 1918. This legislative instrument, made by the Governor-General on the advice of the Federal Executive Council, aimed to address specific administrative procedures concerning the allotment of compensation payments to the dependants of seamen who had suffered injury or death while serving. The regulation was established to ensure that compensation was distributed fairly and efficiently, reflecting decisions made in court proceedings or through arbitration. The policy objective underpinning these regulations was to provide a clear framework for the management and distribution of seamen’s compensation, ensuring that the financial support reached the rightful beneficiaries in a timely and organised manner.
Scope and Application
The Statutory Rules 1919 No. 139, made under the Seamen's Compensation Act 1911, amends the Seamen's Compensation Regulations 1918 to clarify the procedures for allocating compensation payments among dependants of seamen who have suffered injury or death while employed in maritime activities. These regulations apply to all persons designated as dependants of a seaman as determined through County Court proceedings, agreements, or arbitration. The scope of this legislation is national, extending across the Commonwealth of Australia, and is designed to ensure that compensation is distributed fairly and effectively. It specifically addresses Regulation 56 (5), providing that once the identity of dependants and their respective shares of the compensation are determined, the Comptroller-General has the authority to manage and invest these funds for the benefit of the entitled dependants, in accordance with the directives from a County Court, arbitration awards, or agreements. This regulation ensures that the compensation process is transparent and equitable, whilst allowing flexibility in the management of funds.
Key Provisions
The Seamen’s Compensation Regulations 1919 (C1919L00139) amend the Seamen’s Compensation Regulations 1918, particularly focusing on Regulation 56(5). This regulation pertains to the settlement of questions regarding who qualifies as a dependent and the amount payable to each dependent. If these matters are resolved by a County Court, agreement, or arbitration before payment to the prescribed authority, the sum paid is to be distributed among the dependents as per the court’s order, agreement, or arbitration award. The Comptroller-General has the authority to invest, apply, or otherwise handle the distributed amounts for the benefit of the entitled persons, either as the Comptroller-General sees fit or as directed by a County Court at the time of settlement or at any subsequent time. Alternatively, the arbitrator may specify in their award how the amounts should be dealt with.
These regulations impose obligations on several parties, including the Comptroller-General and County Courts, to ensure the proper distribution and management of compensation funds for seamen’s dependents. The Comptroller-General must follow the directives provided by the court or the terms of the agreement or award when handling the funds. This includes making investments or other financial decisions that will benefit the dependents, as per the court’s direction or the award’s provisions.
Failure to comply with these provisions could lead to legal consequences, although the specific offences and penalties are not detailed in this regulation. Typically, under the Seamen’s Compensation Act 1911, breaches could result in civil actions for damages or other remedies, and in severe cases, criminal penalties may apply. However, the exact nature and extent of these consequences would be governed by other sections of the Act and related legislation. The penalties could include fines or imprisonment, depending on the severity and intent behind the breach.