EXPLANATORY STATEMENT
Statutory Rules 1990 No
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 December 1990, 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, and this increase is based on movements for the six months to 18 May 1990.
Regulation 1 is a formal provision.
Regulation 2 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 $68,100 to $70,010.
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 $68,100 to $70,010.
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 $1,760 to $1,810.
Clause (1)(b)(i): the weekly payment for the dependent spouse of a totally incapacitated seaman is increased from $57.30 to $58.90.
Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $27.30 to $28.10.
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 $218.90 to $225.00.
Paragraph (10A); the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,730 to $2,810.
Regulation 3 of the Statutory Rules amends regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $70,010 and $28.10 for the purposes of clause 1(a)(i) of Schedule 1 to the Act. Accordingly, the amount of compensation payable to dependents in respect of death which results from an injury to a seaman is increased from $68,100 to $70,010, and the amount of weekly payment for each dependent child of a deceased seaman is increased from $27.30 to $28.10.
Regulation 4 of the Statutory Rules amends regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $225.00 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 $218.90 to $225.00.
Regulation 5(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 December 1990.
Regulation 5(b) applies the increased lump sum amounts of compensation payable under the Act in respect of an injury sustained, or disease suffered after 12 December 1990; 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) Statutory Rules 1990, issued under the authority of the Minister of State for Shipping and Aviation Support, were enacted to adjust the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911. The problem these regulations address is the need to update compensation rates in line with economic changes, specifically movements in Average Weekly Earnings. These amendments ensure that compensation remains fair and reflective of current economic conditions, thereby providing adequate support to seamen who have been injured or whose dependents are affected by their injuries or deaths. The policy objective is to maintain the integrity and effectiveness of the Seamen’s Compensation Act by ensuring that compensation rates are updated periodically to reflect economic changes.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1990 No. 6454, issued by the authority of the Minister of State for Shipping and Aviation Support, primarily concern the adjustment of compensation benefits under the Seamen’s Compensation Act 1911. These regulations apply to seamen who have sustained injuries or suffered from diseases during the course of their employment. The amendments pertain to various scenarios including incapacity, death, and support for dependents. The scope of the Act extends to the Commonwealth of Australia, specifically targeting the maritime industry and seamen employed in Australian waters. The amendments adjust the compensation rates in response to movements in Average Weekly Earnings and are applicable to injuries, diseases, or deaths occurring after 12 December 1990. The regulations are designed to provide updated financial support to affected seamen and their dependents, reflecting the economic changes over time.
Key Provisions
The Seamen's Compensation Regulations (Amendment) Statutory Rules 1990 No. 6454, issued under the authority of the Minister of State for Shipping and Aviation Support, aim to adjust the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911. These changes, effective from 13 December 1990, are based on the movement in Average Weekly Earnings for the six months to 18 May 1990. Regulation 2 specifically amends the existing table of compensation amounts by substituting it with a new one, which increases the prescribed compensation rates. For instance, under subsection 5B(1), the compensation for an injury causing incapacity other than total and permanent incapacity is raised from $68,100 to $70,010, and under subsection 5D(1), the maximum compensation for injuries from a single accident, not resulting in death or total and permanent incapacity, is also increased to $70,010.
The amended regulations impose specific obligations on the entities and individuals governed by the Seamen’s Compensation Act 1911. These obligations include ensuring that the new compensation rates are correctly applied to any claims made after 12 December 1990. Employers, for example, must adhere to the new rates when providing compensation for injuries or fatalities of their seamen. The regulations also require that all documentation and claims processing reflect these updated amounts to ensure fairness and compliance with the amended law.
Failure to comply with the new compensation rates as prescribed by the regulations may result in legal consequences. While the specific penalties are not detailed in the text, the general framework of the Seamen’s Compensation Act 1911 and associated regulations typically includes both civil and criminal penalties for non-compliance. Civil penalties might include fines or orders to rectify the breach, while criminal penalties could involve imprisonment, reflecting the seriousness with which the law treats non-compliance with compensation requirements. The precise penalties would be determined by the relevant courts based on the specific circumstances of the breach.