EXPLANATORY STATEMENT
Statutory Rules 1985 No. 283
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 November 1985. the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911.
Regulation 1 of the proposed Statutory Rules defines “Principal Regulations” to mean the Seamen’s Compensation Regulations.
Regulation 2 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 increased from $49,990 to $51,290.
• 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 $49,990 to $51,290.
• 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 $1,300 to $1,330.
- Clause 1(b)(i): The weekly payment for a dependent spouse of a totally incapacitated seaman is increased from $42.10 to $43.20.
- Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $20.00 to $20.50.
- 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 $160.60 to $164.80.
Paragraph 10A: the minimum total amount of compensation payable in respect of each dependent child of a deceased seaman is increased from $2,000 to $2,050.
Regulation 3 of the proposed Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $51,290 and $20.50 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 $49,990 to $51,290 and the amount of weekly payment for each dependent child of a deceased seaman is increased from $20.00 to $20.50.
Regulation 4 of the proposed Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $164.80 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 $160.60 to $164.80.
Regulation 5 of the proposed Statutory Rules expresses the date of effect of the amendments to be 1 November 1985.
Sub regulation 5(1) provides that an increased amount of weekly compensation payable under the Act applies in respect of any week commencing on or after 1 November 1985.
Sub-regulation 5(2) provides that an increased lump sum amount of compensation payable under the Act applies in respect of an injury sustained or a disease suffered by a seaman on or after 1 November 1985 or a loss or event that occurs on or after 1 November 1985 which results from an injury sustained or a disease suffered before that date.
Overview
The Seamen’s Compensation Act 1911 was enacted to provide a framework for the compensation of seamen injured in the course of their employment at sea. The Act aims to address the specific needs of seamen by providing for various forms of compensation, including for injuries, death, and incapacity. The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1985 No. 283 were issued under the authority of the Minister of State for Social Security to update and increase the rates and amounts of compensation benefits payable under the Act. The policy objective of these amendments is to ensure that the compensation provided remains fair and adequate in light of changes in economic conditions and the cost of living. These amendments reflect a commitment to supporting the welfare of seamen and their dependents, ensuring that the compensation remains relevant and sufficient to meet their needs.
Scope and Application
The Seamen’s Compensation Act 1911, as amended by the Seamen’s Compensation Regulations (Amendment) Statutory Rules 1985 No. 283, applies to seamen who have sustained injuries or suffered diseases during the course of their employment at sea, as well as to their dependents. This legislation aims to provide financial compensation to affected individuals for various circumstances including injuries, death, and total or partial incapacity for work. The Act covers all injuries and diseases sustained on or after 1 November 1985, with specific provisions for compensation payable to dependents in respect of death or injury occurring on or after this date. The Act applies to all seamen working on vessels registered in Australia or under the Australian flag, regardless of their nationality, and to their dependents, irrespective of where they reside. The amendments to the Seamen’s Compensation Regulations are intended to increase the rates and amounts of compensation benefits payable under the Act, ensuring that the financial support provided remains adequate and up-to-date. The regulations also extend the application of the Act through subordinate instruments, which further define the scope and specifics of compensation entitlements.
Key Provisions
The main operative sections of the Seamen’s Compensation Regulations (Amendment) Statutory Rules (SR 1985 No. 283) pertain to the adjustment of compensation rates and amounts under the Seamen’s Compensation Act 1911 (Cth). Regulation 2 amends Regulation 118 of the Principal Regulations, replacing the existing table with a new one that reflects the increased compensation amounts. For instance, under sub-section 5B(1) (paragraph 2), the compensation for an injury that results in incapacity but not total and permanent incapacity has been increased from $49,990 to $51,290. Similarly, sub-section 5D(1) (paragraph 3) increases the maximum compensation for injuries not resulting in death or total and permanent incapacity from $49,990 to $51,290. The weekly payments for dependents of incapacitated or deceased seamen are also adjusted, with payments for a dependent spouse and each dependent child of a totally incapacitated seaman rising from $42.10 to $43.20 (paragraph 4) and from $20.00 to $20.50 (paragraph 5) respectively. These amendments are effective from 1 November 1985.
The Seamen’s Compensation Regulations (Amendment) Statutory Rules impose obligations on employers and seamen, primarily ensuring that compensation payments are made in accordance with the amended rates. Employers are required to adhere to the new compensation rates when settling claims for injuries or fatalities occurring on or after 1 November 1985. Seamen, on the other hand, need to be aware of the new compensation amounts to ensure they receive the correct payments for injuries or the death of a fellow seaman. The amendments also affect dependents, who must be informed of the updated weekly payments and lump sum amounts to which they are entitled.
There are no explicit provisions within the Seamen’s Compensation Regulations (Amendment) Statutory Rules regarding offences or penalties for non-compliance. However, failure to adhere to the new compensation rates could potentially lead to disputes and legal actions under the Seamen’s Compensation Act 1911. The Act itself does not specify penalties for non-compliance with the amended regulations, but breaches could result in civil actions for compensation or criminal charges if deemed fraudulent. It is imperative for employers and seamen to comply with the new rates to avoid potential legal repercussions and to ensure that the rights and entitlements of all parties are upheld.