Seamen's Compensation Regulations (Amendment) 1992 No. 390
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 390
Issued by the authority of the Minister for Shipping and Aviation Support Seamen's Compensation Act 1911
Seamen's Compensation Regulations (Amendment)
The purpose of the proposed regulations is to increase, from 13 December 1992, 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.
This increase is based on movements for the six months to 15 May 1992.
Regulation 1 provides for the date of effect of the amendments to be 13 December 1992.
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 $74,630 to $75,080.
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 $74,630 to
$75,080.
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
$1,930 to $1,940.
- Clause (1)(b)(i): the weekly payment for the dependent spouse of a totally incapacitated seaman is increased from $62.80 to $63.20.
- Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $29.90 to $30.10.
- 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 $239.90 to $241.30.
- Paragraph (10A): the minimum total amount of compensation payable in respect of each dependent child of a deceased seaman is increased from $2,990 to $3,010.
Regulation 4 of the Statutory Rules amends Regulation 119 of the Seamen's Compensation Regulations to prescribe the amounts of $75,080 and $30.10 for the purposes 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 $74,630 to $75,080, and the amount of weekly payment for each dependent child of a deceased seaman is increased from $29.90 to $30.10.
Regulation 5 of the Statutory Rules amends Regulation 120 of the Seamen's Compensation Regulations to prescribe the amount of $241.30 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 $239.90 to $241.30.
Regulation 6 - Transition
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 December 1992.
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 December 1992, 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) 1992, issued under the authority of the Minister for Shipping and Aviation, aim to revise the compensation benefits for seamen under the Seamen's Compensation Act 1911. The primary objective of this amendment is to adjust the compensation rates in line with the movements in Average Weekly Earnings, specifically for the six months period ending 15 May 1992. This legislative action ensures that the compensation provided to seamen remains relevant and reflective of economic changes, thereby addressing the need for periodic adjustments to maintain the adequacy of benefits. The amendments set forth in these regulations are designed to take effect from 13 December 1992, ensuring that the updated compensation rates are applied consistently across all relevant claims and payments.
Scope and Application
The Seamen's Compensation Regulations (Amendment) 1992 applies to seamen, their dependents, and employers in the maritime industry who are subject to the Seamen's Compensation Act 1911. The Act and its regulations cover the entire Commonwealth of Australia, providing a national standard for compensation for seamen injured or killed in the course of their employment. The legislation is concerned with compensation benefits for injuries sustained during maritime employment, which includes various types of incapacity, funeral expenses in cases of death, and payments to dependents. The amendments made by the 1992 Regulations adjust the compensation amounts to reflect changes in the Average Weekly Earnings over the preceding six months, ensuring that the benefits remain relevant to current economic conditions. Notably, the compensation rates are updated biannually, aligning with broader economic indicators, and these amendments apply to injuries sustained or events occurring after 12 December 1992. The regulations do not explicitly state any exclusions or exemptions, but the application of compensation benefits is inherently tied to the conditions outlined within the Seamen's Compensation Act 1911.
Key Provisions
The Seamen's Compensation Regulations (Amendment) 1992 No. 390, issued under the authority of the Minister for Shipping and Aviation Support, introduces amendments to the Seamen's Compensation Act 1911. These amendments are designed to adjust compensation rates and amounts payable to seamen, their families, and dependents, reflecting changes in economic conditions. The primary operative sections of the Amendment (Regulations 3, 4, 5, and 6) revise the compensation benefits based on Average Weekly Earnings data for the six months leading up to 15 May 1992, with the effective date set for 13 December 1992. These regulations specifically address compensation amounts for injuries resulting in varying degrees of incapacity, death, and for dependents of deceased or incapacitated seamen.
Under the amended regulations, several obligations and requirements are imposed on the parties involved. Firstly, employers and ship owners must ensure that compensation rates are updated in line with the new prescribed amounts. For instance, under Regulation 3, the compensation for partial incapacity due to injury is increased, and employers must ensure that injured seamen receive these updated payments. Similarly, dependents of seamen who have suffered injuries or have died on duty are entitled to increased weekly payments and lump sums, as outlined in Regulations 4 and 5. Regulation 6 further stipulates that these increased rates apply to any period commencing after 12 December 1992 and to injuries or events occurring after that date.
The legislation also outlines the consequences of non-compliance. While the explanatory statement does not explicitly detail criminal or civil penalties, failure to comply with the updated compensation rates and requirements may result in legal actions from affected seamen or their dependents. Given the regulatory framework under which these amendments are made, any breaches could potentially lead to civil litigation, where aggrieved parties seek enforcement of their rights to the updated compensation amounts. Employers and ship owners must ensure they adhere to these new rates to avoid any legal repercussions or claims for underpayment.