EXPLANATORY STATEMENT
Statutory Rules 1988 No 330
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 Regulations is to increase, from 13 December 1988, 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 $59,980 to $61,540.
• 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 $59,880 to $61,540.
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 $1,550 to $1,590.
- Clause 1(b) (i): The weekly payment for the dependent spouse of a totally incapacitated seaman is increased from $50.50 to $51.80.
- Clause (1)(b)(ii): The weekly payment for each dependent child of a totally incapacitated seaman is increased from $24.00 to $24.60.
- 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 $192.80 to $197.80.
- Paragraph 10A: The minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,400 to $2,460.
Regulation 2 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $61,540 and $24.60 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 seaman is increased from $59,980 to $61,540 and the amount of weekly payment for each dependent child is increased from $24.00 to $24.60.
Regulation 3 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $197.80 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 $192.80 to $197.80.
Regulation 4 of the Statutory Rules provides for the date of effect of these amendments to be 13 December 1988.
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 1988.
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 1988.
Overview
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1988 No 330, enacted by the Minister of State for Social Security, aim to address the need for updated compensation rates for seamen injured on the job. These regulations were introduced to amend the Seamen’s Compensation Regulations under the Seamen’s Compensation Act 1911, ensuring that the compensation benefits provided to seamen and their dependents are fair and reflective of current economic conditions. The policy objective is to provide adequate compensation for injuries and fatalities in the maritime industry, thus protecting the livelihoods of seamen and their families. The amendments increase various compensation rates, including those for injuries resulting in partial incapacity, total incapacity, and death, as well as funeral expenses and dependent support payments. These changes were made effective from 13 December 1988, ensuring that all compensation claims filed after this date would benefit from the updated rates.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1988 No 330 apply to individuals who are seamen and their dependants who suffer injuries or death due to their employment on ships. This Act amends the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911, thereby extending the application of the Act to cover new compensation rates. The amendments apply at a national level across Australia, ensuring that seamen and their families receive updated compensation amounts. These new rates take effect from 13 December 1988, impacting any injuries, losses, or events that occur after this date. The Act does not specify exclusions but relies on subordinate instruments to define the scope and application of the updated compensation rates.
Key Provisions
The Seamen’s Compensation Regulations (Amendment) 1988 introduces several key changes to the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911. Regulation 1 amends Regulation 118 by replacing the existing table with a new one, which adjusts the compensation benefits (Reg. 1). Specifically, the compensation for injuries resulting in incapacity other than total and permanent incapacity for work increases from $59,980 to $61,540 (Reg. 1, Sch. 3, Pt. 1). The maximum compensation payable for injuries caused by a single accident, excluding those resulting in death or total and permanent incapacity for work, also increases from $59,880 to $61,540 (Reg. 1, s. 5D(1)).
The new Regulations impose specific obligations on the parties involved. Employers must ensure that the updated compensation rates are applied to all claims and payments made after 12 December 1988 (Reg. 4(a) and (b)). This includes adjustments to weekly payments for dependents and lump sum payments for various injuries and losses. The changes also require employers to update their internal systems and records to reflect these new compensation rates.
Failure to comply with the amended Regulations may result in legal consequences. While the Explanatory Statement does not specify offences or penalties, non-compliance with statutory compensation requirements can lead to civil or administrative actions. Employers who do not adhere to the new compensation rates may face claims from injured seamen or their dependents seeking the correct amount of compensation. The potential for such claims underscores the importance of adhering to the amended Regulations.
In summary, the Seamen’s Compensation Regulations (Amendment) 1988 sets new compensation rates for injuries and losses under the Seamen’s Compensation Act 1911. Employers and other parties must ensure they apply these updated rates to all relevant claims and payments. Non-compliance may result in legal actions from affected parties seeking the correct compensation.