Statutory Rules 1981 No. 2481
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Seamen’s Compensation Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Seamen’s Compensation Act 1911.
Dated 27 August 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
F. M. CHANEY
Minister of State for Social Security
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Amounts prescribed for the purposes of certain provisions of the Act
1. Regulation 118 of the Seamen’s Compensation Regulations is amended by omitting the table and substituting the following table:
AMOUNTS OF COMPENSATION
Column 1 | Column 2 | Column 3 |
Item | Provision | Amount prescribed |
| | $ |
1 | Sub-section 5b (1)......................... | 35,500.00 |
2 | Sub-section 5d (1)......................... | 35,500.00 |
3 | Clause (1) (a) (iii) of Schedule 1................ | 925.00 |
4 | Clause (1) (b) (i) of Schedule 1................ | 29.85 |
5 | Clause (1) (b) (ii) of Schedule 1................ | 14.20 |
6 | Cause (1) (c) (i) of Schedule 1................. | 114.00 |
7 | Paragraph (10a) of Schedule 1................. | 1,420.00 |
Amounts prescribed for the purposes of clause (1) (a) (i) of Schedule 1 to the Act
2. Regulation 119 of the Seamen’s Compensation Regulations is amended—
(a) by omitting from paragraph (a) “$32,500” and substituting “$35,500”; and
(b) by omitting from paragraph (b) “$13.10” and substituting “$14.20”.
Amount prescribed for the purposes of sub-paragraph (1) (b) of Schedule 1 to the Act
3. Regulation 120 of the Seamen’s Compensation Regulations is amended by omitting “$105” and substituting “$114”.
Application
4. The amendments effected by these Regulations apply in relation to—
(a) weekly payments of compensation under the Seamen’s Compensation Act 1911 in respect of any period commencing on or after 1 September 1981; and
(b) payments, of compensation (other than weekly payments) under the Seamen’s Compensation Act 1911 in respect of—
(i) an injury sustained, or a disease suffered, by a seaman on or after 1 September 1981; or
(ii) a loss or event that occurs on or after 1 September 1981 resulting from any other injury sustained, or disease suffered, by a seaman.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 31 August 1981.
2. Statutory Rules 1926 No. 135 as amended by 1927 No. 71; 1936 No. 73; 1939 No. 67; 1942 No. 93; 1947 No. 124; 1950 No. 18; 1963 No. 101; 1974 No. 86; 1980 No. 253.
Overview
The Seamen's Compensation Regulations 1981 (Amendment) were enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority of the Seamen’s Compensation Act 1911. These regulations aim to update the compensation amounts for seamen injured or suffering from diseases in the course of their employment, ensuring the payments reflect current economic conditions. The amendments apply to weekly payments of compensation and other compensation payments from September 1, 1981, and involve adjustments to various compensation amounts specified in the original regulations. The policy objective is to provide fair and timely compensation to seamen, reflecting the changing economic landscape and ensuring the Seamen’s Compensation Act remains relevant and effective in protecting the rights of seamen.
Scope and Application
The Seamen’s Compensation Regulations 1981, made under the Seamen’s Compensation Act 1911, apply to all seamen who sustain injuries or suffer diseases while engaged in their duties on or after 1 September 1981. The regulations primarily concern the adjustment of compensation amounts prescribed for specific provisions within the Act, ensuring that the compensation rates are updated and reflective of current economic conditions. These adjustments affect weekly payments of compensation and other forms of compensation for injuries or diseases sustained by seamen, as well as for losses or events occurring post the effective date of the amendments. The scope of the Act is national, applying across the Commonwealth of Australia, and it encompasses various aspects of seamen's compensation, including the specific amounts prescribed for different scenarios. The regulations do not explicitly state any exclusions or exemptions but are intended to provide a clear framework for the compensation process for seamen under the Act.
Key Provisions
The Seamen’s Compensation Regulations (Amendment) (1981) introduces amendments to the Seamen’s Compensation Regulations 1926, particularly focusing on updating the amounts prescribed for compensation payments under the Seamen’s Compensation Act 1911. Regulation 118 is amended to replace the existing table with a new table specifying updated compensation amounts for various provisions of the Act. For instance, the compensation for injuries under subsection 5b(1) and subsection 5d(1) is set at $35,500.00, while the amount for clause (1)(a)(iii) of Schedule 1 is $925.00. Regulation 119 updates the compensation amount for clause (1)(a)(i) of Schedule 1 to $35,500 and for paragraph (b) to $14.20. Regulation 120 adjusts the compensation amount for sub-paragraph (1)(b) of Schedule 1 to $114.
These amendments impose obligations on the parties involved in compensation claims under the Seamen’s Compensation Act 1911. The updated compensation amounts must be adhered to for any claims filed after the effective date of 1 September 1981. Claimants, employers, and compensation authorities must ensure that the correct amounts are applied, reflecting the updated figures. This includes correctly calculating weekly payments of compensation and other compensation payments resulting from injuries sustained or diseases suffered by seamen on or after the specified date.
Failure to comply with these regulations can result in legal consequences. While the specific offences and penalties are not detailed in the text, it is reasonable to infer that non-compliance with compensation amounts prescribed by law could lead to disputes or legal actions. Penalties for incorrect compensation payments could potentially include financial penalties or other legal sanctions, depending on the jurisdiction and the severity of the breach. The maximum penalties would be determined by the courts based on the specific circumstances of the case and applicable laws.