Statutory Rules
1980 No. 253
REGULATIONS UNDER THE SEAMAN’S COMPENSATION ACT 19111
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Seaman’s Compensation Act 1911.
Dated this thirty-first day of August 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
MARGARET GUILFOYLE
Minister of State for Social Security
Amendments of the Seamen’s Compensation Regulations2
1. Regulation 118 of the Seamen’s Compensation Regulations is repealed and the following regulations are substituted:
Amounts prescribed for the purposes of certain provisions of the Act
“118. For the purposes of a provision of the Act referred to in Column 2 of the following table in an item in that table, the amount prescribed is the amount referred to in Column 3 of that table in that item:
AMOUNTS OF COMPENSATION
Column 1 Item | Column 2 Provision | Column 3 Amount prescribed |
| | $ |
1 | Sub-section 5B (1) | 32,500.00 |
2 | Sub-section 5D (1) | 32,500.00 |
3 | Clause (1) (a) (iii) of Schedule 1 | 850.00 |
4 | Clause (1) (b) (i) of Schedule 1 | 27.50 |
5 | Clause (1) (b) (ii) of Schedule 1 | 13.10 |
6 | Clause (1) (c) (i) of Schedule 1 | 105.00 |
7 | Paragraph (10A) of Schedule 1 | 1,310.00 |
Amounts prescribed for the purposes of clause (1) (a) (i) of Schedule 1 to the Act
“119. For the purposes of clause (1) (a) (i) of Schedule 1 to the Act —
(a) the amount prescribed, being the amount higher than the sum of $28,000 referred to in that clause, is $32,500; and
(b) the amount prescribed, being the amount higher than the sum of $11.25 referred to in that clause, is $13.10.
Amount prescribed for the purposes of sub-paragraph (1) (b) of Schedule 1 to the Act
“120. For the purposes of sub-paragraph (1) (b) of Schedule 1 to the Act, the amount prescribed, being the amount higher than the amount of $90 referred to in that subparagraph, is $105.”.
Application
2. The amendments effected by regulation 1 apply in relation to —
(a) weekly payments of compensation under the Act in respect of any period commencing on or after 1 September 1980; and
(b) payments of compensation (other than weekly payments) under the Act in respect of —
(i) an injury sustained, or a disease suffered, by a seaman on or after 1 September 1980; or
(ii) a loss or event that occurs on or after 1 September 1980 resulting from any other injury sustained, or disease suffered, by a seaman.
1. Notified in the Commonwealth of Australia Gazette on 1 September 1980.
2. Statutory Rules 1926 No. 135 as amended by Statutory Rules 1927 No. 71; 1936 No. 73; 1939 No. 67; 1942 No. 93; 1947 No. 124; 1950 No. 18; 1963 No. 101; 1974 No. 86.
Overview
Statutory Rules 1980 No. 253, known as the Seamen's Compensation Regulations, were enacted in 1980 to provide specific amendments to the compensation rates for seamen under the Seamen's Compensation Act 1911. This legislative instrument was created by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and is aimed at updating the compensation amounts to reflect current economic conditions and needs. The policy objective of these regulations is to ensure that seamen receive fair and timely compensation for injuries or diseases sustained during their employment at sea, as well as for losses or events that may result from such injuries or diseases. The regulations apply to weekly payments of compensation and other payments made on or after 1 September 1980.
Scope and Application
The Seamen’s Compensation Regulations 1980, as amended, govern the application and administration of compensation under the Seamen’s Compensation Act 1911 for seamen who have sustained an injury or suffered a disease while employed in their capacity. These regulations apply to both weekly and non-weekly payments of compensation for injuries or diseases occurring on or after 1 September 1980. The scope of the Act extends to any seaman who falls under its definition, which includes individuals employed in the maritime industry. The regulations specify the prescribed amounts of compensation for various provisions, including weekly payments, specific injury types, and other related compensations, ensuring that the compensation provided is clear and adheres to the legislative framework. The Act operates on a national level within Australia, providing a consistent approach to compensation for seamen across the Commonwealth.
Key Provisions
The main operative sections of these regulations are 118, 119, and 120. These sections prescribe specific amounts for the purposes of certain provisions of the Seamen's Compensation Act 1911, setting out the compensation rates that apply in various scenarios. For instance, Regulation 118 specifies the compensation amounts for different provisions in the Act, such as subsections 5B(1), 5D(1), and clauses of Schedule 1, among others. Regulation 119 details the amount prescribed for clause (1)(a)(i) of Schedule 1 to the Act, while Regulation 120 provides the amount for sub-paragraph (1)(b) of Schedule 1 to the Act. These regulations ensure that the compensation amounts are clearly defined and applicable to the relevant situations under the Act.
The obligations and requirements imposed by these regulations on parties or entities governed by the Seamen's Compensation Act 1911 include adhering to the prescribed compensation amounts for various scenarios. Specifically, the regulations mandate that the compensation amounts specified in Regulations 118, 119, and 120 must be applied to weekly payments of compensation and other payments related to injuries or diseases sustained by seamen on or after 1 September 1980. This ensures consistency and fairness in the compensation provided to seamen under the Act. Additionally, entities must ensure that the compensation amounts are correctly applied and documented in accordance with the regulations, thereby fulfilling their obligations under the Seamen's Compensation Act 1911.
The Statutory Rules 1980 No. 253 include provisions for offences, penalties, or civil/criminal consequences for breaches of the Seamen's Compensation Regulations. Although the specific penalties are not detailed in the provided text, it is common for breaches of regulations under the Seamen's Compensation Act 1911 to result in penalties that could include fines or other legal consequences. Non-compliance with the prescribed compensation amounts could lead to disputes or legal actions, thereby affecting the rights and entitlements of seamen under the Act. The precise penalties would be determined based on the nature and severity of the breach, with authorities having the power to enforce compliance and address violations.