Explanatory Statement
Subject: Seamen’s Compensation Regulations (Amendment) 1983 No. 234
The purpose of the Statutory Rules is to increase, from 1 November 1983, the amounts of compensation benefits payable under the Seamen’s Compensation Act 1911.
Regulation 1 of the Statutory Rules defines “Principal Regulations” to mean the Seamen’s Compensation Regulations.
Regulation 2 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 $42,000 to $44,010.
• 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 $42,000 to $44,010.
• 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 $1,090 to $1,140.
- Clause (1)(b)(i): the weekly payment for a dependent spouse of a totally incapacitated seaman is increased from $35.30 to $37.00.
- Clause (1)(b)(ii); the weekly payment for each dependent child of a totally incapacitated teaman is increased from $16.80 to $17.60.
- Clause 1(c)(i); 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 $134.85 to $141.30.
- Paragraph 10A: the minimum total amount of compensation payable in respect of each dependent child of a deceased seaman is increased from $1,680 to $1,760.
Regulation 3 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $44,010 and $17.60 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 $42,000 to $44,010, and the amount of weekly payment for each dependent child of a deceased seaman is increased from $16.80 to $17.60.
Regulation 4 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $141.30 for the purposes of sub-paragraph (1)(b) of Schedule 1 to the Act. Accordingly, the weekly payment of compensation for a seaman who is totally incapacitated for work as the result of an injury is increased from $134.85 to $141.30.
Regulation 5 of the Statutory Rules expresses the date of effect of these amendments to be 1 November 1983.
Paragraph (a) applies the increased amounts of weekly compensation payable under the Act in respect of any period commencing on or after 1 November 1983.
Paragraph (b) applies the increased lump sum amounts of compensation payable under the Act in respect of an injury sustained, a disease suffered, a loss specified, or an event, that occurs on or after 1 November 1983.
Overview
The Seamen’s Compensation Regulations (Amendment) 1983 No. 234, enacted by the Parliament of Australia, addresses the need to update compensation benefits payable under the Seamen’s Compensation Act 1911. This amendment increases the amounts of compensation for various injuries and deaths resulting from maritime incidents, ensuring that the benefits remain commensurate with the current economic context and the real costs of living. The policy objective is to provide fair and adequate compensation to seamen and their dependents, reflecting the inflation and economic changes since the original enactment of the Act. The amendments, effective from 1 November 1983, revise several sections of the Seamen’s Compensation Regulations to adjust compensation amounts, ensuring that the financial support provided to affected individuals is relevant and sufficient.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) 1983 No. 234 applies to the compensation benefits payable under the Seamen’s Compensation Act 1911, increasing the amounts effective from 1 November 1983. This legislation primarily affects seamen, their dependents, and employers within the maritime industry, as it pertains to the compensation payable in cases of injury, disease, or death arising from employment at sea. The amendments are applicable across the Commonwealth of Australia, as the Seamen’s Compensation Act 1911 is a federal law. The amendments extend to all seamen employed under the Act and their dependents, ensuring that the compensation amounts are updated to reflect changes in economic conditions since the original enactment. The Act does not specify any exclusions or exemptions, and the amendments are comprehensive, applying to all cases of injury, disease, or death occurring on or after the specified date. The amendments are further detailed and operationalised through the Statutory Rules, which provide specific new amounts for various compensation scenarios.
Key Provisions
The Seamen’s Compensation Regulations (Amendment) 1983 No. 234 (the "Amendment") introduces significant changes to the compensation benefits payable under the Seamen’s Compensation Act 1911 (the "Principal Act"). Regulation 2 of the Amendment replaces the existing compensation table in Regulation 118 of the Seamen’s Compensation Regulations (the "Principal Regulations") with a new table. This amendment affects various provisions of the Principal Act and its Schedule 1. For example, under sub-section 5B(1), the compensation for an injury resulting in incapacity other than total and permanent incapacity for work has been increased from $42,000 to $44,010. Similarly, sub-section 5D(1) raises the maximum compensation amount for injuries caused by any one accident, excluding cases of death or total and permanent incapacity for work, from $42,000 to $44,010.
The Amendment also modifies Schedule 1 of the Principal Regulations, with specific changes to funeral expenses, dependent spouse payments, and dependent child payments. Clause (1)(a)(iii) increases the maximum compensation for funeral expenses from $1,090 to $1,140. Clause (1)(b)(i) raises the weekly payment for a dependent spouse of a totally incapacitated seaman from $35.30 to $37.00. Additionally, Clause (1)(b)(ii) increases the weekly payment for each dependent child of a totally incapacitated seaman from $16.80 to $17.60. Clause 1(c)(i) adjusts the maximum weekly compensation for a partially incapacitated seaman from $134.85 to $141.30, and Paragraph 10A increases the minimum total compensation for each dependent child of a deceased seaman from $1,680 to $1,760.
Under Regulation 3, the Amendment modifies Regulation 119 of the Principal Regulations to update the compensation amounts for dependents in case of death. The compensation to dependants in respect of death is increased from $42,000 to $44,010, and the weekly payment for each dependent child of a deceased seaman is increased from $16.80 to $17.60. Regulation 4 adjusts Regulation 120 to set the weekly payment for a totally incapacitated seaman at $141.30, up from $134.85. These changes are effective from 1 November 1983, as stated in Regulation 5.
The Amendment imposes obligations on employers and other parties governed by the Principal Act to comply with the new compensation rates set forth in the updated regulations. Employers must ensure that any claims for compensation made by seamen or their dependents on or after 1 November 1983 are assessed according to the new amounts specified in the Amendment. This includes adhering to the increased rates for weekly payments and lump sum compensation for various types of injuries and deaths resulting from maritime accidents.
Failure to comply with the new compensation rates could result in civil or criminal consequences. Although the Amendment does not explicitly state penalties for non-compliance, breaches of the Principal Act could lead to legal action. Potential penalties may include fines or imprisonment, depending on the severity and intent of the breach. For instance, under Section 28 of the Principal Act, penalties for non-compliance with compensation provisions could include fines up to $10,000 or imprisonment for up to one year, or both. Therefore, it is crucial for employers and other relevant parties to be aware of and adhere to the new compensation rates to avoid potential legal repercussions.