EXPLANATORY STATEMENT
Statutory Rules 1987 No 282.
Issued by the authority of the Minister of State for Social Security.
Subject: Seamen’s Compensation Act 1911
Seamen’s Compensation Regulations (Amendment)
The purpose of the Statutory Rules is to increase, from 13 December 1987, the rates and 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. 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 $56,700 to $57,780.
• 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 $56,700 to $57,780.
• 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 $1,460 to $1,490.
- Clause 1(b)(1); The weekly payment for a dependent spouse of a totally incapacitated seamen is increased from $47.70 to $48.60.
- Clause (1)(b)(ii): The weekly payment for each dependent child of a totally incapacitated seaman is increased from $22.70 to $23.10.
- 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 $182.20 to $185.70.
- Paragraph 10A: The minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,270 to $2,310.
Regulation 2 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $57,780 and $23.10 for the purposes of clause (1)(a)(i) of Schedule 1. Accordingly, the amount of compensation payable to dependants in respect of death which results from an injury to a 6eaman is increased from $56.70. to $57,780 and the amount of weekly payment for each dependent child is increased from $22.70 to $23.10.
Regulation 3 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $185.70 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 a result of an injury is increased from $182.20 to $185.70.
Regulation 4 of the Statutory Rules provides for the date of effect of these amendments to be 13 December 1987.
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 1987.
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 1987.
Overview
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1987 No 282 were enacted to address the need for an increase in the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911. This amendment was issued by the Minister of State for Social Security and came into effect on 13 December 1987. The policy objective of these regulations is to ensure that compensation rates are reviewed and updated in accordance with the current economic conditions and to provide fair and adequate compensation for seafarers who suffer injuries or death while on duty. This adjustment aims to reflect the real costs and the impact of injuries and fatalities on the dependents of seamen, ensuring the provisions remain relevant and supportive in the contemporary context.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) Statutory Rules, issued under the authority of the Minister of State for Social Security, pertain to the Seamen’s Compensation Act 1911, which applies to seamen who suffer injuries or death in the course of their employment. These rules specifically amend the Seamen’s Compensation Regulations to adjust the rates and amounts of compensation benefits payable, effective from 13 December 1987. The amendments concern various compensation provisions, including increases in compensation for non-fatal injuries, maximum compensation for injuries from a single accident, funeral expenses for deaths resulting from injuries, and weekly payments for dependents of incapacitated or deceased seamen. The amendments are applicable nationwide as they pertain to a Commonwealth Act, thereby affecting all jurisdictions within Australia. The scope of these rules is confined to compensation claims filed under the Seamen’s Compensation Act 1911, and the increased rates apply to injuries or events occurring after the specified date of effect. The rules do not specify exclusions or exemptions, but the eligibility for compensation remains subject to the terms and conditions outlined in the Seamen’s Compensation Act 1911.
Key Provisions
The Seamen’s Compensation Act 1911, as amended by the Statutory Rules 1987 No 282, introduces revised compensation rates for seamen injured or deceased due to maritime accidents. The primary sections affected are subsection 5B(1) (now providing compensation for specific injuries at $57,780), subsection 5D(1) (increasing the maximum compensation for injuries from one accident to $57,780), and various clauses in Schedule 1 that adjust weekly payments and lump sums for dependents and incapacitated seamen. For example, Clause 1(b)(1) increases the weekly payment for a dependent spouse from $47.70 to $48.60, and Clause 1(b)(ii) raises the weekly payment for each dependent child from $22.70 to $23.10. These changes are effective for periods commencing after 12 December 1987, as stipulated in paragraph 4(a) and (b) of the Statutory Rules.
The Act imposes several obligations on the relevant parties, primarily requiring that the updated compensation rates be applied in accordance with the new regulations. Employers of seamen, as well as compensation authorities, must ensure that the correct compensation amounts are calculated and paid based on the new rates. This involves updating internal systems and processes to reflect the amended regulations, particularly concerning the weekly and lump sum payments for injuries, incapacity, and dependents. The Act also mandates that any claims made after 12 December 1987 must be assessed using the new compensation rates.
Breaches of the Act and its regulations can lead to civil and criminal consequences. The Act does not explicitly state penalties for non-compliance; however, under general Australian legislative principles, failure to adhere to compensation requirements can result in legal action, including fines and potential imprisonment for more severe breaches. The maximum penalties, if applicable, would depend on the specific nature and severity of the breach, as determined by the relevant courts. It is essential for employers and compensation authorities to comply with the new rates to avoid any legal repercussions.