STATUTORY RULES.
1919. No. 244.
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 ninth day of October, 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.)
The Seamen’s Compensation Regulations 1918 are amended by the insertion of the following regulation after regulation 57:—
“57a. (1) Where—
(a) an employer has paid to a prescribed authority a sum of money as compensation under the Act in respect of the death of a seaman; and
(b) the questions as to who are dependants and/or the amount payable to each dependant have not been determined,
the prescribed authority on proof to his satisfaction—
(i) that any person is a dependant of the deceased and is entitled to receive the whole or part of the compensation payable in respect of his death; and
(ii) that such person is in urgent need of money or assistance,
may advance to such person such sum as he thinks proper out of the sum received by him as compensation for the relief or assistance of such person without waiting for the determination of the amount of compensation to which such person is entitled.
(2) The amount of money to be advanced under this regulation shall in no case exceed one-third of the amount estimated by the prescribed authority as the compensation to which such person is entitled.
(3) The amount of money advanced under this regulation shall be deducted from the amount of compensation determined to be payable to such person.”
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 Regulations 1919 were introduced to address the need for financial assistance to dependants of deceased seamen in urgent circumstances, without waiting for the full determination of compensation. Enacted by the Governor-General in accordance with the Seamen’s Compensation Act 1911, this statutory rule allows for the advance of compensation by a prescribed authority to dependants who are in urgent need of financial aid or assistance. The policy objective underpinning this regulation is to provide immediate relief to those who are dependent on a deceased seaman, ensuring that they do not face undue hardship while awaiting the formal resolution of their compensation claims. The amendment to the Seamen’s Compensation Regulations 1918, made through this statutory rule, facilitates the advance of compensation up to one-third of the estimated amount, which is subsequently deducted from the final compensation awarded.
Scope and Application
The Seamen’s Compensation Regulations 1919, made under the Seamen’s Compensation Act 1911, govern the process and conditions under which compensation is paid to the dependants of deceased seamen. This legislation applies to employers who have paid compensation to a prescribed authority in respect of a seaman’s death, and to any dependants who may claim a share of that compensation. The Act’s jurisdiction is national, as it pertains to the Commonwealth of Australia, and it does not explicitly delineate exclusions or exemptions beyond the stipulations outlined within the regulations themselves. The amendment introduced by these 1919 Regulations allows for the prescribed authority to advance sums to dependants in urgent need, provided that the total advanced does not exceed one-third of the estimated compensation, with any advanced amount to be deducted from the final compensation payable. This regulation extends the application of the Seamen’s Compensation Act by enabling more immediate financial assistance to dependants while the final determination of compensation is being made.
Key Provisions
The regulation under the Seamen’s Compensation Act 1911, introduced in Statutory Rules 1919, No. 244, primarily modifies the Seamen’s Compensation Regulations 1918 by inserting a new regulation, 57a. This new regulation provides a mechanism for the prescribed authority to advance compensation to dependants of deceased seamen in urgent need of financial assistance, even before the final determination of the compensation amount (regulation 57a(1)). The authority can advance up to one-third of the estimated compensation to the dependant, which must be subsequently deducted from the final compensation payable (regulation 57a(2) and (3)).
Under the amended regulation, the prescribed authority is mandated to act promptly in cases where the dependants of a deceased seaman require immediate financial assistance. This involves verifying that the dependants are indeed entitled to compensation and that they are in urgent need (regulation 57a(1)(i) and (ii)). The authority must also ensure that the advanced amount does not exceed one-third of the estimated compensation to which the dependant is entitled (regulation 57a(2)). Once the compensation amount is finally determined, the advanced sum will be deducted from the total payable to the dependant (regulation 57a(3)).
The regulation imposes specific obligations on the prescribed authority, including the need to verify the eligibility of dependants, assess their urgent financial needs, and ensure that any advanced compensation is within the stipulated limits. The prescribed authority must also maintain records of such advances and ensure that the deducted amounts are accurately accounted for in the final compensation determination.
Failure to comply with the provisions of this regulation could potentially lead to administrative issues, though the legislative text does not explicitly outline specific offences or penalties for non-compliance. The regulation focuses primarily on procedural clarity and the urgent needs of dependants, with the primary consequence being the deduction of advanced amounts from the final compensation.