1983 No. 51
Explanatory Statement
Subject: Seamen’s Compensation Regulations (Amendment)
The purpose of the Statutory Rules is to increase, from 1 May 1983, the 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 and Schedule 1 thereto. The new table operates to increase compensation benefits as follows:
• Sub-section 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 $40,320 to $42,000.
• Sub-section 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 $40,320 to $42,000.
• In 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 $1,050 to $1,090.
- Clause (1)(b)(i): the weekly payment for a dependent spouse of a totally incapacitated seaman is increased from $33.90 to $35.30.
- Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $16.15 to $16.80.
- Clause (1)(c)(i): the maximum weekly amount of compensation payable to a seaman who is partially incapacitated for work as the result of an injury is increased from $129.45 to $134.85.
- Paragraph 10A: the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $1,615 to $1,680.
Regulation 2 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $42,000 and $16.80 for the purposes of Clause 1(a)(i) of Schedule 1 to the Principal Act. Accordingly the amount of compensation payable to dependants in respect of death which results from an injury to a seaman is increased from $40,320 to $42,000 and the amount of weekly payment for each dependent child of a deceased seaman is increased from $16.15 to $16.80.
Regulation 3 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $134.85 for the purposes of sub-paragraph (1)(b) of Schedule 1 to the Act. Accordingly the weekly payment for a seaman who is totally incapacitated for work as a result of an injury is increased from $129.45 to $134.85.
Regulation 4 of the Statutory Rules expresses the date of effect of the amendments to be 1 May 1983.
Paragraph (a) applies the increased amounts of weekly compensation payable under the Act in respect of any period commencing on or after 1 May 1983.
Paragraph (b) applies the increased lump sum amounts of compensation payable under the Act in respect of a loss specified or an event (including death or the incurring of costs relating to the funeral of a deceased seaman) that occurs on or after 1 May 1983.
Overview
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1983 were enacted to increase compensation benefits payable under the Seamen’s Compensation Act 1911, responding to the need for updated compensation amounts that reflect the changing economic conditions since the original enactment of the Act. These amendments, introduced by the Commonwealth Parliament, ensure that the compensation provided to seamen and their families remains fair and adequate for the injuries and losses they incur. The policy objective of these amendments is to provide updated and equitable compensation for seamen and their dependants, ensuring that they are adequately supported following injury or death at sea.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) Statutory Rules, 1983, pertain to the adjustment of compensation benefits payable under the Seamen’s Compensation Act 1911. These regulations apply to all seamen who suffer injuries or death resulting from their employment at sea, and their dependents. The amendments, effective from 1 May 1983, increase various compensation amounts to reflect changes in economic conditions and provide greater financial support to those affected. The amendments cover different types of compensation, including lump sum payments for injuries resulting in incapacity, maximum compensation amounts for injuries from a single accident, funeral expenses, weekly payments for dependent spouses and children, and compensation for partial and total incapacity. The scope of the Act is national, applying across Australia under the Commonwealth jurisdiction, and is intended to ensure that seamen and their families receive fair and updated compensation for work-related injuries and fatalities.
Key Provisions
The Seamen’s Compensation Regulations (Amendment) Statutory Rules, 1983, introduce changes to the compensation benefits payable under the Seamen’s Compensation Act 1911, effective from 1 May 1983. Regulation 1 modifies Regulation 118 by replacing the existing compensation table with a new one, which adjusts the prescribed amounts for various compensation scenarios. For instance, under sub-section 5B(1), the compensation for non-total and non-permanent incapacity injuries has been increased from $40,320 to $42,000. Similarly, sub-section 5D(1) raises the maximum compensation for injuries from a single accident, excluding deaths or total and permanent incapacity, from $40,320 to $42,000. Clauses (1)(a)(iii), (1)(b)(i), (1)(b)(ii), and (1)(c)(i) of Schedule 1 have also been updated to reflect these new amounts, as well as the compensation for funeral expenses, payments to a dependent spouse, payments to dependent children, and payments for partial incapacity, respectively.
The Statutory Rules impose specific obligations on entities governed by the Seamen’s Compensation Act 1911. Regulation 2 modifies Regulation 119 to reflect the increased compensation amounts for dependents in the event of a seaman’s death from an injury, now set at $42,000, and for dependent children, now at $16.80 per week. Regulation 3 adjusts Regulation 120 to reflect the new weekly payment for a totally incapacitated seaman, now $134.85. These regulations ensure that the compensation amounts are up to date and reflect current economic conditions and the cost of living. The amendments are clearly stated to apply to any period commencing on or after 1 May 1983, and to any loss, event, or death occurring on or after that date.
Under the Statutory Rules, breaches of the updated compensation provisions could lead to civil or criminal consequences. Although the specific penalties for non-compliance are not detailed in the Explanatory Statement, the general principle is that failure to adhere to the amended regulations could result in legal action. This might include fines or other penalties as prescribed by the Seamen’s Compensation Act 1911 or relevant legislation. The maximum penalties, if applicable, would be determined in accordance with the relevant laws in force at the time of the breach. It is essential for entities and individuals governed by these regulations to ensure compliance to avoid any potential legal repercussions.