Statutory Rules 1982 No. 97
Explanatory Statement
Subject; Seamen’s Compensation Regulations (Amendment)
The purpose of the Statutory Rules is to increase, from 1 May 1982, 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 $35,500 to $37,150.
• 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 $35,500 to $37,150.
• 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 $925 to $970.
- Clause (1) (b) (i): the weekly payment for a dependent spouse of a totally incapacitated seaman is increased from $29.85 to $31.25.
- Clause (1) (b) (ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $14.20 to $14.85.
- 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 $114 to $119.30.
- Paragraph 10A: the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $1,420 to $1,485.
Regulation 2 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to precribe the amounts of $37,150 and $14.85 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 $35,500 to $37,150 and the amount of weekly payment for each dependent child of a deceased seaman is increased from $14.20 to $14.85.
Regulation 3 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $119.30 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 $114 to $119.30.
Regulation 4 of the Statutory Rules expresses the date of effect of the amendments to be 1 May 1982.
Paragraph (a) applies the increased amounts of weekly compensation payable under the Act in respect of any period commencing on or after 1 May 1982.
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 1982.