Explanatory Statement
Statutory Rules 1984 No. 306
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 proposed Statutory Rules is to increase, from 1 November 1984, the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911.
Regulation 1 of the proposed 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 inacapacity other than total and permanent incapacity for work, is increased from $46,400 to $49,690.
• 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 $46,400 to $49,690.
• 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 $1,200 to $1,290.
- Clause (1)(b)(i): the weekly payment for a dependent spouse of a totally incapacitated seaman is increased from $39.00 to $41.80.
- Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $18.60 to $19.90.
- 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 $149.00 to $159.60.
- Paragraph 10A: the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $1,860 to $1,990.
Regulation 2 of the proposed Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $49,690 and $19.90 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 $46,400 to $49,690 and the amount of weekly payment for each dependent child of a deceased seaman is increased from $18.60 to $19.90.
Regulation 3 of the proposed Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $159.60 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 $149.00 to $159.60.
Regulation 4 of the proposed Statutory Rules expresses the date of effect of the amendments to be 1 November 1984.
Paragraph (a) applies the increased amounts of weekly compensation payable under the Act in respect of any period commencing on or after 1 November 1984.
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 November 1984.
Overview
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1984 No. 306 were enacted by the Minister of State for Social Security to address the need for updated compensation rates under the Seamen’s Compensation Act 1911. The primary objective of these amendments was to adjust the rates and amounts of compensation benefits payable to seafaring personnel, their dependents, and their families to reflect current economic conditions and costs. The changes aim to ensure that compensation remains adequate and fair for those affected by maritime injuries or fatalities. These amendments, which came into effect on 1 November 1984, revise various compensation amounts, including those for injuries leading to partial or total incapacity, funeral expenses, and weekly payments for dependents, thereby enhancing the support provided under the Act.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1984 No. 306 pertain to the amendment of compensation rates and amounts payable under the Seamen’s Compensation Act 1911. The Act applies to seamen who suffer injuries or death while on duty, and their dependents, ensuring that they receive adequate financial support in the event of injury or death. The amendments made by the Statutory Rules are intended to reflect changes in the economic conditions since the last adjustment, ensuring that compensation remains fair and reflective of current costs. The amendments apply across the Commonwealth of Australia, impacting all seamen and their dependents who fall within the scope of the Seamen’s Compensation Act 1911. The amendments do not exclude any particular class of seaman or dependent, and there are no stated thresholds that determine eligibility for the increased compensation. The increased compensation rates are effective from 1 November 1984, as specified in Regulation 4 of the proposed Statutory Rules. The application of the amended rates to both weekly compensation and lump sum payments is clearly outlined, ensuring that all relevant provisions of the Act are updated accordingly.
Key Provisions
The main operative sections of the proposed Statutory Rules are Regulations 1, 2, and 3, which amend Regulations 118, 119, and 120 of the Seamen’s Compensation Regulations respectively. These regulations provide for the increased rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911. Regulation 1 substitutes a new table in Regulation 118 to update the prescribed amounts for various provisions of the Act and Schedule 1, including compensation for injuries resulting in incapacity (Section 5B(1)), maximum compensation for injuries from a single accident (Section 5D(1)), and funeral expenses (Schedule 1, Clause (1)(a)(iii)). Regulation 2 updates the compensation amounts payable to dependents in cases of death due to an injury to a seaman (Schedule 1, Clause 1(a)(i)) and to dependent children of a deceased seaman (Schedule 1, Clause 1(b)(ii)). Regulation 3 updates the weekly compensation for a seaman who is totally incapacitated for work as a result of an injury (Schedule 1, sub-paragraph (1)(b)). Regulation 4 specifies that the amendments take effect from 1 November 1984.
The Seamen’s Compensation Regulations impose specific obligations on parties and entities governed by the Act. Employers of seamen, for example, are required to ensure that compensation benefits are paid in accordance with the updated rates specified in the amended regulations. This includes ensuring that the correct amounts are paid for injuries, accidents, funeral expenses, and dependent support. Employers must also ensure that compensation is paid from the effective date of the amendments, which is 1 November 1984, for any period commencing on or after that date. The regulations mandate that the new rates apply to all relevant claims and payments made from the effective date, ensuring that seamen and their dependents receive the updated compensation benefits as stipulated.
Breaching the obligations imposed by the Seamen’s Compensation Regulations can result in significant consequences. Employers who fail to comply with the updated compensation rates may face penalties. Although the explanatory statement does not specify the exact penalties, non-compliance can typically lead to civil or criminal consequences, including fines or other legal actions. The precise penalties would be determined by the relevant authorities, but the seriousness of the breach would be considered in imposing a penalty. Employers are expected to adhere strictly to the new rates to avoid any legal repercussions and ensure that seamen and their families receive the rightful compensation benefits.
In summary, the proposed Statutory Rules amend the Seamen’s Compensation Regulations to increase compensation benefits under the Seamen’s Compensation Act 1911. These amendments are effective from 1 November 1984 and impose obligations on employers to ensure that compensation is paid at the updated rates. Failure to comply with these obligations can lead to civil or criminal penalties, although the exact penalties are not specified in the explanatory statement. The amendments aim to provide seamen and their dependents with increased financial support following injuries, accidents, or death resulting from maritime employment.