Seamen's Compensation Regulations (Amendment) 1992 No. 151
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 151
Issued by the authority of the Minister for Transport and Communications Seamen's Compensation Act 1911
Seamen's Compensation Regulations (Amendment)
The purpose of the proposed regulations is to increase, from 13 June 1992, the rates and amounts of compensation benefits payable under the Seamen's Compensation Act 1911. Payments under the Act are varied, each six months, in line with movements in Average Weekly Earnings.
There was no increase in benefits on 13 December 1991 as the movement in Average Weekly Earnings was negative in the relevant six month reference period.
Accordingly, this increase is based on movements for the twelve months to 16 November 1991.
Regulation 1 provides for the date of effect of the amendments to be 13 June 1992. Regulation 2 is a formal provision.
Regulation 3 of the proposed regulations amends Regulation 118 of the Seamen's Compensation Regulations by omitting the table therein and substituting a new table. The new table sets out the prescribed amounts for the purposes of various provisions of the Act. The new table operates to increase compensation benefits as follows:
Subsection 5B(1): the amount of compensation payable for an injury specified in Part 1 of Schedule 3 to the Act, when the injury results in incapacity other than total and permanent incapacity for work, is increased from $73,020 to $74,630.
Subsection 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 $73,020 to
$74,630.
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
$1,890 to $1,930.
- Clause (1)(b)(i): the weekly payment for the dependent spouse of a totally incapacitated seaman is increased from $61.40 to $62.80.
- Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $29.30 to $29.90.
- Subclause (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 $234.70 to $239.90.
- Paragraph (10A): the minimum total amount of compensation payable in respect of each dependent child of a deceased seaman is increased from $2,930 to $2,990.
Regulation 4 of the Statutory Rules amends Regulation 119 of the Seamen's Compensation Regulations to prescribe the amounts of $74,630 and $29.90 for the purposes of clause 1(a)(i) of Schedule 1 to the Act. Accordingly, the amount of compensation payable to dependants in respect of death which results from an injury to a seaman is increased from $73,020 to $74,630, and the amount of weekly payment for each dependent child of a deceased seaman is increased from $29.30 to $29.90.
Regulation 5 of the Statutory Rules amends Regulation 120 of the Seamen's Compensation Regulations to prescribe the amount of $239.90 for the purposes of subparagraph (1)(b) of Schedule 1 to the Act. Accordingly, the weekly payment for a seaman who is totally incapacitated for work as the result of an injury is increased from $234.70 to $239.90.
Regulation 6 - Transition
Paragraph 6.1(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 June 1992.
Paragraph 6.1(b) applies the increased lump sum amounts of compensation payable under the Act in respect of an injury sustained, or disease suffered after 12 June 1992, or a loss or event occurring after that date, resulting from any other injury sustained or disease suffered by a seaman.
Overview
The Seamen's Compensation Regulations (Amendment) 1992 No. 151 was enacted to address the need for updating the rates and amounts of compensation benefits under the Seamen's Compensation Act 1911. This amendment was necessitated by the requirement to adjust the compensation payments in line with the movements in Average Weekly Earnings. The purpose of the regulation was to increase the compensation benefits effective from 13 June 1992, taking into account the twelve months' movement in Average Weekly Earnings up to 16 November 1991. The Minister for Transport and Communications issued these statutory rules under the authority of the relevant Act to ensure that the compensation provided to seamen and their dependants is fair and reflective of economic changes. The policy objective was to maintain the adequacy of the compensation payments to reflect the current economic conditions and provide necessary support to those affected by injuries or fatalities at sea.
Scope and Application
The Seamen's Compensation Regulations (Amendment) 1992 No. 151 amends the Seamen's Compensation Regulations 1972 to increase the rates and amounts of compensation benefits payable under the Seamen's Compensation Act 1911. The regulations apply to seaman, their families, and employers within the maritime industry. The amendment applies on a Commonwealth level, aligning with the overarching federal jurisdiction of the Seamen's Compensation Act 1911. The new compensation rates are calculated based on movements in the Average Weekly Earnings over the twelve months to 16 November 1991, and the amendments are effective from 13 June 1992. This amendment does not introduce any new exclusions, exemptions, or thresholds beyond those already outlined in the Seamen's Compensation Act 1911 and the Seamen's Compensation Regulations 1972. The application of these amendments is further defined and potentially extended or restricted through subordinate instruments, which may provide additional guidelines or clarifications on the implementation and interpretation of these new compensation rates.
Key Provisions
The Seamen's Compensation Regulations (Amendment) 1992 No. 151, issued under the authority of the Minister for Transport and Communications, revises the rates and amounts of compensation benefits payable under the Seamen's Compensation Act 1911, effective from 13 June 1992. Regulation 1 specifies the date of effect for these amendments, while Regulation 2 is a formal provision. Regulation 3 replaces the existing table in Regulation 118 of the Seamen's Compensation Regulations with a new table, thereby updating the prescribed amounts for various compensation benefits. The amendments notably increase compensation for injuries resulting in incapacity (subsection 5B(1)), the maximum amount of compensation for injuries caused by a single accident (subsection 5D(1)), funeral expenses (Clause (1)(a)(iii)), and payments for dependent spouses and children of totally incapacitated or deceased seamen. Additionally, the weekly payments for partially incapacitated seamen and the minimum total compensation for dependent children of deceased seamen are increased.
The obligations imposed by these regulations on the parties governed by the Seamen's Compensation Act 1911 include adherence to the new compensation rates outlined in the amended regulations. Employers and relevant authorities must ensure that the updated compensation amounts are applied correctly and promptly. This involves adjusting records, payments, and any related documentation to reflect the new rates, ensuring that seafarers and their dependents receive the correct compensation amounts as stipulated by the amended regulations. The transition to these new rates must be managed effectively to avoid discrepancies or delays in compensation.
Failure to comply with the new compensation rates and amounts specified in the amended regulations can lead to various consequences. While the explanatory statement does not explicitly detail offences or penalties, breaches of the compensation rates could result in legal action for non-compliance. In the context of the Seamen's Compensation Act 1911, such breaches may lead to civil liabilities, including the obligation to repay incorrectly disbursed amounts, interest, and potentially, additional penalties as deemed appropriate by the courts. Additionally, continued non-compliance could attract regulatory scrutiny and enforcement actions from relevant authorities.