EXPLANATORY STATEMENT
Statutory Rules 1989 No 348
Issued by the authority of the Minister of State for Land Transport and Shipping Support
Subject: Seamen’s Compensation Act 1911
Seamen’s Compensation Regulations (Amendment)
The purpose of the proposed Regulations is to increase, from 13 December 1989, the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911.
Regulation 1 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 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 $64,190 to $65,920.
• 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 $64,190 to $65,920.
• 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 $1,660 to $1,700.
- Clause (1)(b)(i): the weekly payment for dependent spouse of a totally incapacitated seaman is increased from $54.00 to $55.50.
• Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $25.70 to $26.40.
• 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 $206.30 to $211.90.
• Paragraph 10A: the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,570 to $2,640.
Regulation 2 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $65,920 and $26.40 for the purposes of subclause 1(a)(i) of Schedule 1. Accordingly, the amount of compensation payable to dependents in respect of death which results from an injury to a seaman is increased from $64,190 to $65,920, and the amount of weekly payment for each dependent child is increased from $25.70 to $26.40.
Regulation 3 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $211.90 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 the result of an injury will increase from $206.30 to $211.90.
Regulation 4 of the Statutory Rules provides for the date of effect of these amendments to be 13 December 1989.
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 December 1989.
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 December 1989.
Overview
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1989 No 348, issued under the authority of the Minister of State for Land Transport and Shipping Support, aim to address the inadequacy of existing compensation rates under the Seamen’s Compensation Act 1911. The problem identified was the need for updated compensation rates to reflect current economic conditions and the cost of living. Enacted by the Australian Parliament, the objective of these regulations is to ensure that seamen and their dependents receive fair and adequate compensation for injuries sustained during their employment. These amendments were introduced to provide a more equitable financial support system for those affected by maritime injuries, ensuring that compensation remains relevant and sufficient to meet the needs of those who suffer injuries at sea.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) Statutory Rules, issued under the Seamen’s Compensation Act 1911, apply to all seafarers and their dependents who are eligible for compensation benefits under the Act. These Regulations increase the rates and amounts of compensation benefits payable from 13 December 1989, covering various scenarios such as injuries resulting in incapacity, accidents causing injury but not resulting in death or total incapacity, and compensation for funeral expenses and dependents. The changes affect several provisions of the Principal Act, including specific sections and schedules that detail the compensation amounts. Notably, the Regulations ensure that compensation is adjusted in line with the increased costs and living standards, reflecting a commitment to providing adequate support to those affected by maritime incidents. The amendments extend to Commonwealth waters and any seafaring activities governed by Australian maritime law, thereby ensuring a uniform application across the nation. These amendments do not introduce any exclusions, exemptions, or thresholds but rather broaden the scope of compensation for those affected by maritime injuries or fatalities.
Key Provisions
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1989 No 348 primarily amend the Seamen’s Compensation Regulations to increase the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911 (paragraph 1). Regulation 1 substitutes a new table in Regulation 118, which prescribes the amounts for various compensation provisions in the Principal Act (paragraph 2). This amendment effectively raises the compensation benefits payable for specified injuries, funeral expenses, and weekly payments for dependents. Regulation 2 adjusts the compensation amounts payable to dependents in the event of a seaman's death, while Regulation 3 increases the weekly payment for a seaman totally incapacitated for work due to an injury. Regulation 4 sets the effective date of these amendments as 13 December 1989.
The Seamen’s Compensation Regulations (Amendment) impose obligations on parties involved in seamen’s compensation claims to adhere to the new compensation rates and amounts. Employers and insurers must update their records and calculations to reflect the increased rates and amounts for compensation benefits, as stipulated in the new regulations (Regulation 1, 2, and 3). This includes ensuring that the correct compensation amounts are paid to seamen and their dependents for injuries, accidents, and deaths occurring after 12 December 1989 (Regulation 4). The amendments necessitate that all compensation claims filed post this date must be assessed and processed using the new rates to ensure compliance with the updated statutory requirements.
The Seamen’s Compensation Regulations (Amendment) do not explicitly outline specific offences or penalties for non-compliance with the increased compensation rates and amounts. However, any breach of the Seamen’s Compensation Act 1911, including failure to provide the correct compensation amounts, could potentially lead to legal action. In such cases, penalties and consequences would be determined by the relevant courts based on the nature and severity of the breach. Given the context of maritime law, non-compliance could result in civil penalties, fines, or legal actions to compel adherence to the statutory requirements.