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.
Overview
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1982 No. 97 were enacted by the Parliament of Australia to amend the Seamen’s Compensation Act 1911. The primary objective of these Statutory Rules was to address the gap in the compensation benefits payable to seamen under the Principal Act by increasing the compensation amounts. This was necessitated by the need to reflect changes in economic conditions and to provide more adequate compensation to seamen and their families for injuries sustained during their employment at sea. The new regulations, effective from 1 May 1982, increased various compensation benefits, including those for incapacity, injury, funeral expenses, and dependents, thereby ensuring that the compensation provided was commensurate with the current standards of living and the costs associated with injuries and fatalities at sea.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1982 No. 97, as outlined in the explanatory statement, apply to individuals and entities involved in maritime employment, specifically to seamen and their dependents, and to employers within the maritime industry. The Regulations amend the Seamen’s Compensation Regulations to increase various compensation benefits payable under the Seamen’s Compensation Act 1911. The changes primarily concern the amounts of compensation for injuries resulting in partial incapacity, death, or total and permanent incapacity for work, as well as payments to dependents of deceased seamen. These amendments apply nationwide, extending to all states and territories within Australia, thereby ensuring uniform application of the updated compensation rates. The scope of the Act is confined to compensation claims arising from maritime employment and does not extend to other industries or types of employment. The amendments do not specify any exclusions or exemptions, meaning all eligible claims falling under the updated rates are applicable. The application of these amendments is further regulated by the Seamen’s Compensation Act 1911, with subordinate instruments such as regulations playing a key role in defining the specific parameters and application of the compensation increases.
Key Provisions
The Statutory Rules 1982 No. 97, as outlined in the explanatory statement, aim to amend the Seamen’s Compensation Regulations, increasing various compensation benefits payable under the Seamen’s Compensation Act 1911. Regulation 1 of the Statutory Rules specifically amends Regulation 118 of the Seamen’s Compensation Regulations by replacing the existing table with a new one that adjusts the amounts of compensation. For instance, under sub-section 5B(1), the compensation for injuries resulting in incapacity other than total and permanent incapacity for work increases from $35,500 to $37,150. Similarly, the maximum compensation for injuries caused by a single accident, excluding those resulting in death or total and permanent incapacity, rises from $35,500 to $37,150. The funeral expenses compensation for death resulting from injury also increases, from $925 to $970. Further, weekly payments for dependents of incapacitated or deceased seamen are adjusted: for a spouse, from $29.85 to $31.25; for each child, from $14.20 to $14.85; and for a partially incapacitated seaman, from $114 to $119.30. The minimum total compensation for each dependent child of a deceased seaman increases from $1,420 to $1,485.
The obligations imposed by these amendments on the relevant parties primarily involve ensuring that the updated compensation amounts are accurately applied to claims made after the effective date of 1 May 1982. This means that any claims filed after this date must be processed using the new compensation figures. For instance, the compensation payable to dependents in the event of a seaman’s death increases from $35,500 to $37,150, and the weekly payment for each dependent child rises from $14.20 to $14.85. These changes necessitate that the administrative bodies responsible for processing seamen's compensation claims update their systems and records to reflect the new rates.
The Statutory Rules also outline potential consequences for non-compliance with these amendments. While the document does not explicitly state penalties for failing to adhere to the new compensation rates, breaches of statutory requirements can generally result in legal action. The penalties for non-compliance can include fines and other legal repercussions, depending on the jurisdiction and the nature of the breach. Given the legislative context, it is likely that incorrect application of the new compensation rates could lead to administrative penalties, civil liabilities, or even criminal charges if the breach is deemed wilful or negligent. The specific penalties, however, would depend on the applicable laws and the severity of the breach.