EXPLANATORY STATEMENT
Statutory Rules 1985 No. 43
Issued by the authority of the Minister of State for Social Security.
Subject: Seamen’s Compensation Act 1911
Seamen’s Compensation Regulations (Amendment)
The purpose of the proposed Statutory Rules is to increase, from 1 May 1985, the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911.
Regulation 1 of the proposed Statutory Rules amends Regulation 118 of the Seamen’s Compensation Regulations by omitting the table therein and substituting a new table. The new table applies the prescribed amounts for the purposes of various provisions of the Principal Act and Schedule 1 thereto. The new table operates to increase compensation benefits as follows:
• Sub section 5B(1): the amount of compensation payable for an injury specified in Part 1 of Schedule 3, when the injury results in incapacity other than total and permanent incapacity for work, is increaased from $49,690 to $49,990.
• Sub-section 5D(1): the maximum amount of compensation payable in respect of injury or injuries caused by any one accident, where those injuries did not result in death or total and permanent incapacity for work, is increased from $49,690 to $49,990.
• In Schedule 1:
- Clause (1)(a)(iii): the maximum amount of compensation payable in respect of funeral expenses where death results from an injury to a seaman is increased from $1,290 to $1,300.
- Clause 1(b) (i): The weekly payment for a dependent spouse of a totally incapacitated seaman is increased from $41.80 to $42.10
- Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $19.90 to $20.00.
- Sub-clause (1)(c)(i)B: the maximum weekly amount of compensation payable to a seaman who is partially incapacitated for work as the result of an injury is increased from $159.60 to $160.60.
- Paragraph 10A: the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $1,990 to $2,000.
Regulation 2 of the proposed Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $49,990 and $20.00 for the purposes of Clause 1(a)(i) of Schedule 1 to the Principal Act. Accordingly, the amount of compensation payable to dependants in respect of death which results from an injury to a seaman is increased from $49,690 to $49,990 and the amount of weekly payment for each dependent child of a deceased seaman is increased from $19.90 to $20.00.
Regulation 3 of the proposed Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $160.60 for the purposes of sub-paragraph (1)(b) of Schedule 1 to the Act. Accordingly, the weekly payment for a seaman who is totally incapacitated for work as a result of an injury is increased from $159.60 to $160.60.
Regulation 4 of the proposed Statutory Rules expresses the date of effect of the amendments to be 1 May 1985.
Paragraph (a) applies the increased amounts of weekly compensation payable under the Act in respect of any period commencing on or after 1 May 1985.
Paragraph (b) applies the increased lump sum amounts of compensation payable under the Act in respect of a loss specified or an event (including death or the incurring of costs relating to the funeral of a deceased seaman) that occurs on or after 1 May 1985.