EXPLANATORY STATEMENT
Statutory Rules 1985 No 123
Issued by the authority of the Minister of State for Social Security.
Subject: Seamen’s Compensation Act 1911
Seamen’s Compensation Regulations (Amendment)
The purpose of the Statutory Rules is to increase, from 13 June 1988, the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911.
Regulation 1 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. 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 $57,780 to $59,980.
• 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 $57,780 to $59,980.
• 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 $1,490 to $1,550.
- Clause 1(b)(i): The weekly payment for a dependent spouse of a totally incapacitated seamen is increased from $48.60 to $50.50.
- Clause (1)(b)(ii): The weekly payment for each dependent child of a totally incapacitated seaman is increased from $23.10 to $24.00.
- 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 $185.70 to $192.80.
- Paragraph 10A: The minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,310 to $2,400.
Regulation 2 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $59,980 and $24.00 for the purposes of clause (1)(a)(i) of Schedule 1. Accordingly, the amount of compensation payable to dependants in respect of death which results from an injury to a seaman is increased from $57,780 to $59,980 and the amount of weekly payment for each dependent child is increased from $23.10 to $24.00.
Regulation 3 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $192.80 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 a result of an injury is increased from $185.70 to $192.80.
Regulation 4 of the Statutory Rules provides for the date of effect of these amendments to be 13 June 1988.
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 1988.
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 1988.
Overview
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1985 No 123, issued by the Minister of State for Social Security, were enacted to address the need for updated compensation rates for seafarers under the Seamen’s Compensation Act 1911. The primary objective of these amendments, which took effect from 13 June 1988, was to adjust the compensation benefits to reflect current economic conditions and ensure that they remain adequate for the needs of seafarers and their families. These amendments included increases to various compensation amounts, such as the compensation for injuries that result in partial incapacity, funeral expenses, and weekly payments for dependents, thereby ensuring that the benefits remain relevant and sufficient.
Scope and Application
The Seamen's Compensation Act 1911, as amended by the Statutory Rules 1985 No 123, applies to seamen who suffer injuries or death as a result of their employment on ships registered in Australia or on ships operating in Australian waters. The Act sets out the compensation benefits available to injured seamen and their dependents. The Seamen’s Compensation Regulations (Amendment) increase the rates and amounts of compensation benefits payable under the Principal Act, effective from 13 June 1988. The new compensation rates cover various scenarios including injury incapacity, funeral expenses, and dependent spouse and child payments. These amendments ensure that the compensation provided reflects current economic conditions and provides adequate support to affected seamen and their families. The changes are achieved through the statutory rules and amendments to specific regulations under the Seamen’s Compensation Act 1911.
Key Provisions
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1985 No 123 make several amendments to the Seamen’s Compensation Regulations to increase compensation benefits payable under the Seamen’s Compensation Act 1911. Regulation 1 amends Regulation 118, replacing the table detailing compensation amounts with a new table that specifies higher amounts. For example, under subsection 5B(1), the compensation for an injury resulting in partial incapacity is increased from $57,780 to $59,980. Similarly, subsection 5D(1) increases the maximum compensation for injuries from one accident, excluding death or total permanent incapacity, from $57,780 to $59,980. Other amendments include increasing the maximum compensation for funeral expenses from $1,490 to $1,550 and raising the weekly payments for dependent spouses and children.
The amended regulations impose obligations on various parties to ensure the correct application of the new compensation rates. For instance, employers and insurers must now adhere to the new rates when calculating and paying compensation to seamen or their dependents. These entities are required to review and update their records and systems to reflect the increased amounts, ensuring that claims are processed accurately and timely. Additionally, any entity responsible for administering the compensation must ensure compliance with the new rates as stipulated in the regulations.
Failure to comply with the new compensation rates set out in the amended regulations can result in significant penalties. Although the text does not specify the exact penalties, breaches of statutory requirements generally carry the risk of fines, legal action, or other administrative consequences. The precise nature of the penalties would depend on the specific circumstances and the relevant laws governing the administration of the Seamen’s Compensation Act 1911. Employers and insurers who do not adjust their compensation calculations to reflect the new rates risk facing enforcement actions, which could include financial penalties or other corrective measures to ensure compliance.