STATUTORY RULES.
1927. No. 71.
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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 the 8th day of July 1927.
(Sgd.) STONEHAVEN
Governor-General.
By His Excellency’s Command,
for Minister of State for Trade and Customs.
Amendment of the Seamen’s Compensation Regulations.
(Statutory Rules 1926, No. 135, as amended to this date.)
Regulation 7a of the Seamen’s Compensation Regulations is amended by adding at the end thereof the following sub-regulations:—
“(11.) Where an application for arbitration is made under this regulation and any claimant for compensation or other person who is competent and qualified to give evidence relating to the claim resides in some other part of His Majesty’s Dominions than that in which the Court hearing the application has jurisdiction, evidence may, by leave of the Court be given by affidavit made by the claimant or other person in the part of His Majesty’s Dominions in which the claimant or person resides, and the evidence so given shall be admissible in the hearing before that Court subject to such exceptions as the Court determines.
“(12.) An affidavit made under the last preceding sub-regulation shall be sworn before a Notary Public or Commissioner of the Supreme Court of the State in which the application is made, and no proof shall be required of the signature and seal of the Notary or of the signature of the Commissioner.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
C.8866.—Price 3d.
Overview
The Seamen's Compensation Act 1911 was enacted to address the need for providing compensation to seamen injured during the course of their employment at sea. The Act was introduced to ensure that injured seamen received fair compensation for their injuries, which was a significant issue as maritime work was inherently hazardous. The Act was enacted by the Parliament of Australia to establish a framework for compensating seamen for injuries sustained on ships registered in Australia or while performing work related to such ships. The policy objective of the Act is to provide a system of compensation that is just and efficient, ensuring that injured seamen and their families are not left without support due to injuries sustained during maritime employment. The Seamen's Compensation Regulations 1927 further elaborate on the processes involved in claims and arbitration, aiming to streamline the compensation process and make it accessible to those in different parts of His Majesty's Dominions.
Scope and Application
The Seamen’s Compensation Regulations 1927, made under the Seamen’s Compensation Act 1911, apply to any seaman who is employed on a ship registered in Australia and to any person who may be entitled to compensation under the Act as a result of an injury or death of a seaman. The Regulations govern the process of making claims and the procedures for arbitration, with a particular focus on the admissibility of evidence from claimants or witnesses who reside outside the jurisdiction of the Court handling the case. The scope of these Regulations extends to the Commonwealth, ensuring a uniform approach to seamen’s compensation across Australia. The Regulations permit the use of affidavits sworn by Notaries Public or Commissioners of the Supreme Court in the relevant state, streamlining the process for those unable to physically appear in court. There are no stated exclusions or exemptions in these Regulations, and they do not establish thresholds for compensation. The application and interpretation of these Regulations can be further refined through subordinate instruments, allowing for updates and clarifications as necessary.
Key Provisions
The Seamen’s Compensation Regulations, as amended by Statutory Rules 1927 No. 71, introduce modifications to Regulation 7a. Specifically, sub-regulation (11) allows for the admissibility of evidence via affidavit when the claimant or other relevant individuals reside outside the jurisdiction of the court handling the arbitration application. This provision aims to facilitate the inclusion of evidence from individuals located in different parts of His Majesty’s Dominions. Sub-regulation (12) details the process for swearing the affidavit, stipulating that it must be done before a Notary Public or a Commissioner of the Supreme Court of the state where the application is made, and it exempts the need for proof of the Notary's or Commissioner's signature and seal.
The Act imposes specific obligations on claimants and other relevant individuals. Claimants who reside outside the jurisdiction of the hearing court must submit their evidence in the form of an affidavit. This affidavit must be sworn before a Notary Public or a Commissioner of the Supreme Court of the state where the application is made, as per sub-regulation (12). There are no explicit obligations on the court itself beyond granting leave for the affidavit if deemed appropriate and determining any exceptions to the admissibility of the evidence.
The Regulations do not explicitly mention any offences, penalties, or consequences for non-compliance. However, if the court deems the affidavit improperly sworn or the evidence inadmissible, it could potentially affect the outcome of the arbitration application. Courts retain the discretion to impose procedural consequences for non-compliance with their rules on evidence admissibility, although specific penalties are not detailed within the Regulations themselves.