EXPLANATORY STATEMENT
Statutory Rules 1989 No 113
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 $61,540 to $64,190.
• 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 $61,540 to $64.190.
• 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 $1,590 to $1,660.
- Clause 1(b)(i): The weekly payment for the dependent spouse of a totally incapacitated seaman is increased from $51.80 to $54.00.
- Clause (1)(b)(ii): The weekly payment for each dependent child of a totally incapacitated seaman is increased from $24.60 to $25.70.
- 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 $197.80 to $206.30.
- Paragraph 10A: The minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $2,460 to $2,570.
Regulation 2 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to prescribe the amounts of $64,190 and $25.70 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 $61,540 to $64,190 and the amount of weekly payment for each dependent child is increased from $24.60 to $25.70.
Regulation 3 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $206.30 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 $197.80 to $206.30.
Regulation 4 of the Statutory Rules provides for the date of effect of these amendments to be 13 June 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 June 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 June 1988.
Overview
The Seamen’s Compensation Regulations (Amendment) 1988, issued under the authority of the Minister of State for Social Security, amends the Seamen’s Compensation Regulations to increase compensation benefits payable under the Seamen’s Compensation Act 1911. These amendments respond to the need for updated compensation rates to reflect changes in economic conditions and living standards since the Act was first enacted. The Regulations were enacted by the Commonwealth Parliament and aim to ensure that compensation rates remain fair and adequate for seamen and their families in light of inflation and other factors. The amendments, effective from 13 June 1988, include increases to various compensation amounts, such as injury compensation, funeral expenses, and weekly payments for dependents, thereby enhancing the financial support available to affected seamen and their families.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1989 No 113 pertain to amendments to the Seamen’s Compensation Regulations, which are subordinate instruments under the Seamen’s Compensation Act 1911. These regulations apply to seamen and their dependents who suffer injuries or death as a result of their employment at sea, with the amendments specifically targeting the rates and amounts of compensation benefits payable. The new rates are effective from 13 December 1988 and apply to injuries or events that occur after this date, including injuries resulting in incapacity, accidents causing injury without death or total incapacity, and funeral expenses where death results from an injury. Additionally, the regulations increase the weekly payments for dependent spouses and children of totally incapacitated or deceased seamen, as well as the compensation for partially incapacitated seamen. The amendments are designed to adjust compensation amounts to reflect changes in economic conditions since the last update in 1988, ensuring that the benefits provided remain relevant and adequate.
Key Provisions
The Seamen’s Compensation Regulations (Amendment) Statutory Rules 1989 No 113 introduce several amendments to the rates and amounts of compensation benefits payable under the Seamen’s Compensation Act 1911, effective from 13 June 1988. Regulation 1 amends Regulation 118 by replacing the existing table with a new one that increases compensation benefits for various scenarios. For instance, the amount of compensation for injuries that result in incapacity other than total and permanent incapacity for work is increased from $61,540 to $64,190 (subsection 5B(1)). Similarly, the maximum compensation for injuries caused by a single accident, excluding cases of death or total and permanent incapacity, is raised from $61,540 to $64,190 (subsection 5D(1)).
The amended regulations impose obligations on various entities, including employers, insurers, and the government, to ensure that the updated compensation rates are correctly applied. Employers must adjust their compensation payments to align with the new rates when an injury occurs after 12 June 1988. Insurers are responsible for providing compensation in accordance with the new rates specified in the regulations. The government, through its agencies, must oversee the implementation of these changes and ensure compliance by all relevant parties. Failure to adhere to these updated rates can result in legal repercussions for non-compliance.
Breach of these regulations can lead to various penalties and consequences. Employers who fail to pay the correct compensation amounts may face civil liability, potentially resulting in lawsuits from injured seamen or their dependants. Insurers who do not comply with the new compensation rates may also face legal action for breach of contract or negligence. The severity of penalties can vary, but the regulations do not explicitly state maximum penalties. However, under general common law principles, penalties for non-compliance could include fines or other civil remedies depending on the specific circumstances of the breach. Additionally, persistent or severe non-compliance might lead to criminal charges, especially if the failure to comply is deemed willful or negligent.