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.
Overview
The Seamen's Compensation Regulations (Amendment) Statutory Rules 1985 No. 43, issued by the authority of the Minister of State for Social Security, were enacted to address the need to increase compensation benefits payable under the Seamen’s Compensation Act 1911. These regulations were introduced to ensure that the compensation amounts reflect the current economic conditions and the rising cost of living. The policy objective of the amendments is to provide adequate financial support to seamen and their dependents in cases of injury, incapacity, or death resulting from work-related incidents. The new regulations adjust various compensation rates, including those for injuries resulting in incapacity, funeral expenses, and weekly payments for dependents, ensuring that the compensation remains relevant and sufficient.
Scope and Application
The Seamen’s Compensation Act 1911 applies to seamen who are injured or killed in the course of their employment on Australian-registered ships or ships registered in Australian territories. This Act and its associated regulations set out the compensation benefits payable to these individuals and their dependants in the event of injury or death. The proposed Statutory Rules 1985 No. 43, issued under the authority of the Minister of State for Social Security, primarily amend the compensation rates outlined in the Seamen’s Compensation Regulations. These amendments increase various compensation benefits, including those for injuries resulting in incapacity, death, and funeral expenses, as well as weekly payments to dependants. The new rates are effective from 1 May 1985, as stipulated in the Statutory Rules, and the amendments apply to injuries, deaths, or events occurring on or after this date. The Act and its regulations do not explicitly state any exclusions, but the scope is inherently limited to those specifically covered by the Act, such as injuries and deaths occurring to seamen in the context of their employment on Australian-registered ships.
Key Provisions
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1985 No. 43, issued under the authority of the Minister of State for Social Security, primarily concern amendments to the Seamen’s Compensation Regulations to increase the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911 (hereafter referred to as the Act). Regulation 1 of the proposed Statutory Rules alters Regulation 118 of the Seamen’s Compensation Regulations, replacing the existing table with a new one that reflects the updated compensation rates. For example, under subsection 5B(1) of the Act, the compensation for injuries resulting in incapacity other than total and permanent incapacity for work is increased from $49,690 to $49,990. Similarly, the maximum compensation for injuries caused by one accident, not resulting in death or total and permanent incapacity, is raised from $49,690 to $49,990 under subsection 5D(1).
These regulations impose obligations on various parties, primarily ensuring that compensation rates are updated and accurately applied. For instance, employers, insurance companies, and possibly other entities involved in the administration of compensation claims must adhere to the new rates and amounts specified in the amended regulations. This includes updating their internal systems and documentation to reflect the new compensation figures, ensuring that they accurately calculate and disburse compensation benefits in accordance with the amended rates. Furthermore, any party involved in the processing of claims must ensure that the correct amounts are paid out, as per the new schedule, to the affected individuals or their dependents.
The Statutory Rules also outline the consequences for non-compliance with the new compensation rates. Although the Explanatory Statement does not specify particular offences, penalties, or civil/criminal consequences, non-compliance with statutory requirements typically involves legal repercussions. Employers and entities failing to adhere to the updated compensation rates could face legal action, including fines, penalties, or other civil liabilities. Additionally, they might be subject to scrutiny and investigations by relevant authorities to ensure compliance with the Act and its regulations. While the maximum penalties are not specified in the Explanatory Statement, they would generally be determined by the severity of the breach and the impact on the affected parties.