STATUTORY RULES.
1947. No. .
REGULATIONS UNDER THE SEAMEN’S COMPENSATION ACT 1911-1947.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Seamen’s Compensation Act 1911-1947.
Dated this third day of September , 1947.
W.J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Supply and Shipping.
Amendments of the Seamen’s Compensation Regulations.†
Definition.
1. Regulation 3 of the Seamen’s Compensation Regulations is amended by omitting the definition of “Dependants” and inserting in its stead the following definition:—
“ ‘Dependants’ means, in relation to a deceased seaman—
(a) a member of the seaman’s family;
(b) a person to whom the seaman stood in loco parentis or who stood in loco parentis to the seaman;
(c) any ex-nuptial child or grand-child of the seaman; and
(d) if the seaman was an ex-nuptial child, any parent or grand-parent of the seaman,
who was wholly or in part dependent upon his earnings at the time of his death or who would, but for his incapacity due to injury, have been so dependent.”.
Application for payment of weekly payment to person under legal disability.
2. Regulation 59 of the Seamen’s Compensation Regulations is amended by omitting the words. “ Comptroller-General” and inserting in their stead the words “Director of Navigation”.
Paragraph 7, First Schedule, Act.
3. Regulation 113 of the Seamen’s Compensation Regulations is repealed and the following regulation inserted in its stead:—
Notification on left-handedness.
“113. A seaman who habitually uses his left hand and arm to perform work usually performed by a seaman with his right hand and arm may notify the prescribed authority of that fact in accordance with Form 68 in the Schedule.”.
The Schedule.
4. The schedule is amended by inserting at the end thereof the following form:—
Form 68.
NOTIFICATION OF LEFT-HANDEDNESS.
“I, being about to engage as a on the ship hereby notify the Prescribed Authority that I habitually use my left hand and arm to perform work usually performed by a seaman with his right hand and arm.
Date / /19 . (Signature) ”
* Notified in the Commonwealth Gazette on , 1947.
† Statutory Rules 1926, No. 135, as amended by Statutory Rules 1927, No. 71 ; 1936, No. 73; 1939, No. 67; and 1942, No. 93.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4731.—Price 3d. 8/28.7.1947.
Overview
The Seamen’s Compensation Regulations 1947 were enacted by the Governor-General on the advice of the Federal Executive Council to amend the Seamen’s Compensation Regulations under the Seamen’s Compensation Act 1911-1947. These regulations were designed to address various issues related to compensation for seamen, including the definition of dependants, the authority responsible for payments to persons under legal disability, and the notification process for left-handed seamen. The objective was to ensure that the compensation process was fair and inclusive, taking into account the unique circumstances of seamen and their families. The amendments were intended to streamline and clarify the administrative procedures, thereby improving the efficiency and effectiveness of the compensation system for seamen and their dependants.
Scope and Application
The Seamen’s Compensation Regulations, as amended, apply to seamen who have sustained injuries during their employment at sea, and to their dependants as defined. These regulations extend to all seamen employed on Australian-registered ships, irrespective of where the incident leading to injury occurred. The Regulations are applicable to the Commonwealth, with the specific focus being on providing compensation to injured seamen and their dependants, including family members, those in loco parentis, ex-nuptial children or grandchildren, and parents or grandparents of the seaman who were dependent on the seaman’s earnings. These regulations also address the process for applying for payments on behalf of persons under a legal disability and mandate the use of a specific form for notifying the prescribed authority of a seaman’s left-handedness. These regulations provide a clear framework for the administration of compensation claims, ensuring that injured seamen and their dependants receive the necessary support.
Key Provisions
The main operative sections of these regulations include the amendment of Regulation 3 to redefine "Dependants" (section 1), the substitution of "Director of Navigation" for "Comptroller-General" in Regulation 59 (section 2), the repeal of Regulation 113 and its replacement with a new regulation concerning notification of left-handedness (section 3), and the inclusion of a new Form 68 for the notification of left-handedness in the Schedule (section 4). Regulation 3 now defines "Dependants" to include family members, those standing in loco parentis, ex-nuptial children or grandchildren, and any dependents of ex-nuptial children. Regulation 59 mandates that applications for payments to persons under legal disability be made to the Director of Navigation instead of the Comptroller-General. Regulation 113 has been replaced with a requirement for left-handed seamen to notify the prescribed authority of their left-handedness using Form 68.
These regulations impose specific obligations on seamen, requiring them to notify the prescribed authority if they habitually use their left hand and arm to perform work usually done with the right hand and arm. This notification must be made using the prescribed Form 68, which is provided in the Schedule. Additionally, the regulations place an obligation on the Director of Navigation to handle applications for payments to persons under legal disability, replacing the previous responsibility of the Comptroller-General.
The regulations do not explicitly state any offences, penalties, or consequences for breach. However, the requirement to notify the prescribed authority of left-handedness and the use of Form 68 suggests that failure to comply could potentially lead to complications in the administration of seamen's compensation. The regulations are silent on the specific penalties or consequences for non-compliance, but it can be inferred that any failure to adhere to these requirements could result in administrative issues or delays in compensation processing.