EXPLANATORY STATEMENT
Statutory Rules 1985 No 81
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 1986, 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 increased from $51,290 to $52,980.
• 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 $51,290 to $52,980.
• 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 $1,330 to $1,370.
- Clause 1(b)(i): The weekly payment for a dependent spouse of a totally incapacitated seamen is increased from $43.20 to $44.60.
- Clause (1)(b)(ii): The weekly payment for each dependent child of a totally incapacitated seaman is increased from $20.50 to $21.20.
- Sub-clause (1)(c)(i)B: The maximum weekly amount of compensation payable to a seaman who is partially incapacitated for work as a result of an injury is increased from $164.80 to $170.20.
- Paragraph 10A: The minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,050 to $2,120.
Regulation 2 of the proposed Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $52,980 and $21.20 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 $51,290 to $52,980 and the amount of weekly payment for each dependent child is increased from $20.50 to $21.20.
Regulation 3 of the proposed Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $170.20 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 $164.80 to $170.20.
Regulation 4 of the proposed Statutory Rules expresses the date of effect of these amendments to be 1 May 1986.
Paragraph 4(a) applies the increased rates and amounts of compensation payable at a weekly rate under the Act in respect of any period commencing after 30 April 1986.
Paragraph 4(b) applies the increased lump sum amounts of compensation payable under the Act in respect of an injury, a loss specified, or an event that occurs after 30 April 1986.