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.
Overview
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1985 No 81, issued under the authority of the Minister of State for Social Security, were enacted to address the need for an adjustment in compensation benefits payable under the Seamen’s Compensation Act 1911. These amendments were introduced to reflect the economic conditions and changes in living costs since the original enactment of the Act. The policy objective was to ensure that the compensation provided to seamen and their dependents remains adequate and relevant, thereby protecting their financial welfare in the event of injury, incapacity, or death. The proposed changes, which came into effect on 1 May 1986, involved increasing various compensation rates and amounts to better align with the current economic context.
Scope and Application
The Seamen’s Compensation Act 1911 applies to seamen and their dependents, providing compensation benefits for injuries and fatalities sustained during their employment at sea. The Act, through its associated regulations, governs the financial support available to those affected by maritime accidents and occupational injuries. These regulations, as amended by the Statutory Rules 1985 No 81, ensure that compensation rates are adjusted periodically to reflect changes in economic conditions. The Act has a Commonwealth reach, applying across Australia to cover seamen employed on vessels that fall under the jurisdiction of the Commonwealth. The compensation rates and amounts specified in the regulations apply to any injury, loss, or event occurring on or after 1 May 1986. The amendments made to the Seamen’s Compensation Regulations primarily adjust the compensation rates for various categories, including incapacity for work, funeral expenses, and dependent support. Notably, the Act extends its application through subordinate instruments, which allow for the periodic updating of compensation rates to ensure they remain relevant and adequate.
Key Provisions
The proposed Statutory Rules, issued under the authority of the Minister of State for Social Security, amend 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 modifies Regulation 118 of the Seamen's Compensation Regulations, replacing the existing table with a new one that reflects the increased compensation amounts effective from 1 May 1986. This amendment adjusts the compensation for various injuries and circumstances, including those specified in Part 1 of Schedule 3 of the Act, injuries from accidents that do not result in death or total and permanent incapacity, and funeral expenses following a seaman's death due to injury.
The Act imposes specific obligations and requirements on parties involved in seamen's compensation claims. For example, injured seamen or their dependents must adhere to the provisions set forth in the Act and its Schedules to receive the appropriate compensation. The regulations specify the exact amounts payable based on the type and severity of the injury or death resulting from an incident at sea. Additionally, the new rates are applicable to injuries or incidents that occur after 30 April 1986, ensuring that all claims filed following this date are assessed according to the updated compensation rates.
Failure to comply with the provisions of the Act and its regulations can result in various legal consequences. While the explanatory statement does not explicitly detail offences or penalties, it is understood that non-compliance with statutory requirements for compensation claims could lead to civil or criminal liabilities under Australian law. The precise penalties for breaches would depend on the nature and severity of the non-compliance, but could include fines or other penalties as determined by the relevant authorities. The new compensation rates set out in the regulations are intended to ensure that injured seamen and their families receive adequate support and that employers or shipowners adhere to their obligations under the Act.