EXPLANATORY STATEMENT
Statutory Rules 1990 NO. 122.
Issued by the authority of the Minister of State for
Shipping and Aviation Support
Subject: Seamen’s Compensation Act 1911
Seamen’s Compensation Regulations (Amendment)
The purpose of the proposed Regulations is to increase, from 13 June 1990, the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911.
Regulation 1 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 applies the prescibed amounts for the purposes of various provisions of the Principal 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, when the injury results in incapacity other than total and permanent incapacity for work, is increased from $65,920 to $68,100.
• 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 $65,920 to $68,100.
• 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 $1,700 to $1,760.
- Clause (1)(b)(i): the weekly payment for dependent spouse of a totally incapacitated seaman is increased from $55.50 to $57.30.
- Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $26.40 to $27.30.
- 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 $211.90 to $218.90.
- Paragraph 10A: the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,640 to $2,730.
Regulation 2 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $68,100 and $27.30 for the purposes of subclause 1(a)(i) of Schedule 1. Accordingly, the amount of compensation payable to dependents in respect of death which results from an injury to a seaman is increased from $65,920 to $68,100, and the amount of weekly payment for each dependent child of a deceased seaman is increased from $26.40 to $27.30.
Regulation 3 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $218.90 for the purposes of sub-paragraph (1)(b) of Schedule 1. Accordingly, the weekly payment for a seaman who is totally incapacitated for work as the result of an injury is increased from $211.90 to $218.90.
Regulation 4 of the Statutory Rules provides for the date of effect of these amendments to be 13 June 1990.
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 June 1990.
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 June 1990.
Overview
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1990 No. 122, issued by the authority of the Minister of State for Shipping and Aviation Support, were enacted to address the need to adjust the compensation rates and amounts payable under the Seamen’s Compensation Act 1911. This regulation amendment aimed to update the compensation rates to reflect changes in economic conditions and to ensure that the compensation provided remained adequate for the needs of seamen and their dependents. The policy objective behind this amendment was to provide fair and appropriate compensation for seamen who suffer injuries or death in the course of their employment, thereby offering financial security to them and their families. The amendments specified the new rates and amounts for various forms of compensation, including injury compensation, funeral expenses, and weekly payments for dependents, effective from 13 June 1990.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1990 No. 122 apply to seamen who suffer injuries or death due to their employment at sea, affecting their capacity to work or leading to death. These regulations amend the Seamen’s Compensation Regulations, which are made under the Seamen’s Compensation Act 1911. The changes primarily concern the adjustment of compensation rates for various scenarios, such as partial incapacity, total incapacity, and death of a seaman. These regulations extend to the Commonwealth of Australia, as the Seamen’s Compensation Act 1911 is a Commonwealth Act. There are no specific exclusions mentioned in the explanatory statement, and the amendments are effective from 13 June 1990. The application of these regulations may also be extended or restricted through subordinate instruments as needed, though this is not specified in the given text.
Key Provisions
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1990 No. 122, issued under the authority of the Minister of State for Shipping and Aviation Support, revise the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911. These amendments, effective from 13 June 1990, are designed to adjust compensation rates to reflect changes in economic conditions and the cost of living. Regulation 1 substitutes a new table in Regulation 118 of the Seamen’s Compensation Regulations, increasing compensation benefits for various scenarios. For instance, the amount of compensation payable for an injury resulting in incapacity but not total and permanent incapacity for work is increased from $65,920 to $68,100 (subsection 5B(1)). Similarly, the maximum compensation for injuries caused by one accident, excluding those resulting in death or total and permanent incapacity, is increased from $65,920 to $68,100 (subsection 5D(1)).
The new regulations impose specific obligations on employers and the government to ensure that updated compensation rates are applied correctly. Employers must ensure that their employees are informed of these new compensation rates and that any claims for compensation are processed according to the amended regulations. The government, through its agencies, is responsible for implementing these changes in the regulations and ensuring compliance by all relevant parties. Additionally, Regulation 2 modifies Regulation 119 to increase the compensation payable to dependents in the event of a seaman's death resulting from an injury, from $65,920 to $68,100, and the weekly payment for each dependent child from $26.40 to $27.30. Regulation 3 amends Regulation 120 to increase the weekly payment for a seaman who is totally incapacitated for work as the result of an injury from $211.90 to $218.90.
The amendments outlined in the regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, failure to comply with the updated compensation rates could potentially lead to disputes and legal challenges. Employers who do not adhere to the new compensation rates may face claims from employees, and legal action could result in courts enforcing the amended regulations. It is important for all parties to be aware of these changes to avoid any potential legal issues. The effective date of these amendments is set for 13 June 1990, as per Regulation 4, ensuring that all compensation claims made after this date will be subject to the new rates and amounts.