EXPLANATORY STATEMENT
Statutory Rules 1986 No 347
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 Statutory Rules is to increase, from 13 December 1986, the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911.
Regulation 1 of the 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 $52,980 to $54,620.
• 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 $52,980 to $54,620.
• 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 $1,370 to $1,410.
- Clause 1(b)(i): The weekly payment for a dependent spouse of a totally incapacitated seamen is increased from $44.60 to $46.00.
- Clause (1)(b)(ii): The weekly payment for each dependent child of a totally incapacitated seaman is increased from $21.20 to $21.90.
- 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 $170.20 to $175.50.
- Paragraph 10A: The minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,120 to $2,190.
Regulation 2 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $54,620 and $21.90 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 $52,980 to $54,620 and the amount of weekly payment for each dependent child is increased from $21.20 to $21.90.
Regulation 3 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $175.50 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 $170.20 to $175.50.
Regulation 4 of the Statutory Rules expresses the date of effect of these amendments to be 13 December 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 12 December 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 12 December 1986.
Overview
The Seamen’s Compensation Act 1911 was enacted to provide for the payment of compensation to seamen injured in the course of their employment. This legislation was introduced to address the need for a statutory framework to support seafarers who suffer injuries or fatalities while working at sea, ensuring they receive appropriate financial support. The Act was amended in 1986 through Statutory Rules to update the rates and amounts of compensation payable to reflect changes in economic conditions and to provide more adequate support to injured seamen and their families. These amendments were issued by the authority of the Minister of State for Social Security with the aim of updating compensation benefits to align with current standards and needs.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1986 No 347, 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. These amendments apply to seaman who have suffered an injury or death as a result of their employment on a ship or other maritime vessel, and their dependents, from 13 December 1986. The amendments adjust various compensation amounts, including the maximum amount of compensation payable for an injury resulting in incapacity, funeral expenses for death resulting from an injury, weekly payments for dependent spouses and children, and compensation payable to a seaman who is partially incapacitated for work. The amendments apply nationally across Australia and are made through subordinate legislation, with the increased compensation rates taking effect for periods commencing and events occurring after 12 December 1986.
Key Provisions
The Statutory Rules 1986 No 347, issued under the Seamen’s Compensation Act 1911, are aimed at updating the rates and amounts of compensation payable to seaman and their dependents following an injury or death at sea. Regulation 1 of the Statutory Rules specifically amends Regulation 118 of the Seamen’s Compensation Regulations, substituting a new table that increases the prescribed compensation amounts for various scenarios. For instance, under subsection 5B(1), the compensation for an injury that results in incapacity other than total and permanent incapacity for work increases from $52,980 to $54,620 (Reg. 1). Similarly, the maximum amount for injuries caused by a single accident, excluding those resulting in death or total and permanent incapacity, rises from $52,980 to $54,620 (Reg. 1). Funeral expenses, weekly payments for dependent spouses and children, and compensation for partial incapacity also see increases (Reg. 1).
The obligations imposed by these regulations require parties involved, such as employers, insurance companies, and claimants, to adhere to the new compensation rates specified in the amended regulations. Employers and insurers must ensure that any claims filed post-12 December 1986 are assessed according to the updated compensation rates (Reg. 4). Claimants, in turn, must provide necessary documentation and evidence to substantiate their claims under the new rates. These regulations mandate that any compensation claims or payments made after this date must reflect the increased amounts as detailed in the Statutory Rules (Reg. 4).
Breach of these provisions could lead to legal consequences. While the Explanatory Statement does not explicitly mention specific penalties for non-compliance, under the Seamen’s Compensation Act 1911, failure to adhere to the amended regulations could potentially result in disputes, litigation, or civil penalties. Employers and insurers failing to pay the correct compensation amounts could face legal action from affected seaman or their dependents. Additionally, any fraudulent claims or misrepresentation of facts to obtain higher compensation could lead to criminal charges under related laws. The penalties for such offences could include fines and imprisonment, depending on the severity and intent of the offence.