Seamen's Compensation Regulations (Amendment) 1991 No. 106
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 106
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 June 1991, 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 16 November 1990.
Regulation 1 provides for the date of effect of the amendments to be 13 June 1991. Regulation 2 is a formal provision.
Regulation 3 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 $70,010 to $73,020.
Subsection 5D(l): 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 $70,010 to
$73,020.
Schedule 1:
is increased from $28.10 to $29.30.
- 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 $225 to $234.70.
- Paragraph (10A): the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,810 to $2,930.
Regulation 4 of the Statutory Rules amends regulation 119 of the Seamen's Compensation Regulations to prescribe the amounts of $73,020 and $29.30 for the
purpose of clause 1(a)(i) of Schedule 1 to the Act. Accordingly, the amount of compensation payable to dependants in respect of death which results from an injury to a seaman is increased from $70,010 to $73,020, and the amount of weekly payment for each dependent child of a deceased seaman is increased from $28.10 to $29.30.
Regulation 5 of the Statutory Rules amends regulation 120 of the Seamen's Compensation Regulations to prescribe the amount of $234.70 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 $225 to $234.70.
Regulation 6 - Application.
Paragraph 6.1(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 June 1991.
Paragraph 6.1(b) applies the increased lump sum amounts of compensation payable under the Act in respect of an injury sustained, or disease suffered after 12 June 1991, 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) 1991 No. 106 amends the Seamen's Compensation Regulations 1911, increasing the rates and amounts of compensation benefits payable under the Seamen's Compensation Act 1911. Issued under the authority of the Minister of State for Shipping and Aviation Support, these regulations aim to align the compensation benefits with the movements in Average Weekly Earnings for the six months to 16 November 1990. The policy objective is to ensure that compensation rates reflect current economic conditions, providing adequate support to seamen who are injured or suffer from work-related diseases. Effective from 13 June 1991, the amendments adjust various compensation rates, including those for partial incapacity, total incapacity, and dependents' benefits.
Scope and Application
The Seamen's Compensation Regulations (Amendment) 1991 No. 106 applies to the Seamen's Compensation Act 1911, specifically targeting compensation benefits payable under this Act. The regulations primarily affect seamen who have sustained injuries or suffered from diseases while on duty, as well as their dependents in the event of a seaman's death. The compensation rates and amounts are adjusted to reflect the changes in Average Weekly Earnings over the specified periods. The amendments are effective from 13 June 1991 and apply to any injuries, diseases, or losses occurring after 12 June 1991. The jurisdictional reach of these regulations is federal, given that they are issued under the authority of the Minister of State for Shipping and Aviation Support. No specific exclusions or thresholds are stated within the text, but the regulations extend the application through subordinate instruments to ensure the adjustments are implemented as specified.
Key Provisions
The Seamen's Compensation Regulations (Amendment) 1991 No. 106 introduces amendments to the Seamen's Compensation Regulations, which are adjustments to the compensation benefits payable under the Seamen's Compensation Act 1911. The amendments were necessitated to reflect changes in the Average Weekly Earnings for the six months ending 16 November 1990. These amendments are effective from 13 June 1991, as stipulated in Regulation 1. Regulation 2 is a formal provision that facilitates the implementation of these amendments.
The obligations imposed by these regulations primarily concern the calculation and payment of compensation benefits to seamen and their dependents. Regulation 3 revises the compensation amounts for injuries that result in partial incapacity for work, with the compensation amount increasing from $70,010 to $73,020. Regulation 4 further increases the compensation payable to the dependents of deceased seamen from $70,010 to $73,020 and raises the weekly payment for each dependent child from $28.10 to $29.30. Additionally, Regulation 5 sets the weekly compensation for a totally incapacitated seaman at $234.70, an increase from $225.
Under these regulations, it is mandatory for entities and individuals involved in the payment of seamen's compensation to adhere to the new rates and amounts specified in the amended regulations. Failure to comply with these updated compensation rates can result in civil and possibly criminal consequences. Although the explanatory statement does not explicitly mention offences or penalties, breaches of statutory obligations in the context of compensation payments can lead to legal action and penalties as stipulated by relevant laws. The precise penalties, however, would be determined in accordance with the governing legislation or common law principles.