Explanatory Statement
Subject: Seamen’s Compensation Regulations (Amendment) 1982 No. 292
The purpose of the Statutory Rules is to increase, from 1 November 1982, the 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 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 incapacity other than total and permanent incapacity for work, is increased from $37,150 to $40,320.
• 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 $37,150 to $40,320.
• 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 $970 to $1,050.
- Clause (1)(b)(i): the weekly payment for a dependent spouse of a totally incapacitated seaman is increased from $31.25 to $33.90.
- Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $14.85 to $16.15.
- 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 $119.30 to $129.45.
- Paragraph 10A: the minimum total amount of compensation payable in respect of each dependent child of a deceased employee is increased from $1,485 to $1,615.
Regulation 2 of the Statutory Rules amends Regulation 119 of the Seamen’s Compensation Regulations to precribe the amounts of $40,320 and $16.15 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 $37,150 to $40,320 and the amount of weekly payment for each dependent child of a deceased seaman is increased from $14.85 to $16.15.
Regulation 3 of the Statutory Rules amends Regulation 120 of the Seamen’s Compensation Regulations to prescribe the amount of $129.45 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 $119.30 to $129.45.
Regulation 4 of the Statutory Rules expresses the date of effect of the amendments to be 1 November 1982.
Paragraph (a) applies the increased amounts of weekly compensation payable under the Act in respect of any period commencing on or after 1 November 1982.
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 1982.
Overview
The Seamen’s Compensation Regulations (Amendment) 1982 No. 292 was enacted to address the need to update the compensation benefits payable under the Seamen’s Compensation Act 1911, ensuring that the compensation amounts reflect the current economic conditions and the real cost of living. This amendment was introduced to provide fairer and more adequate compensation for seamen who suffer injuries or death while on duty, as well as for their dependents. The enacting body responsible for this amendment was the Parliament, which aimed to improve the financial security for seamen and their families by increasing the compensation amounts. This amendment was effective from 1 November 1982, aligning the compensation rates with the updated economic standards and ensuring that the benefits provided were sufficient to meet the needs of the affected parties.
Scope and Application
The Seamen’s Compensation Regulations (Amendment) 1982 No. 292 amends the Seamen’s Compensation Regulations to increase the compensation benefits payable under the Seamen’s Compensation Act 1911, effective from 1 November 1982. This amendment applies to seamen who suffer injuries or face death as a result of their employment at sea, and their dependents. The increased compensation covers various scenarios including partial or total incapacity for work, funeral expenses, and dependent spouse and child weekly payments. The regulations are designed to ensure that compensation amounts are updated to reflect changes in economic conditions and the cost of living. The amendments are detailed in the Statutory Rules and apply nationally across Australia, impacting all seamen and their families who fall under the jurisdiction of the Seamen’s Compensation Act 1911.
Key Provisions
The Seamen’s Compensation Regulations (Amendment) 1982 No. 292 introduces significant changes to the Seamen’s Compensation Act 1911, particularly in the amounts of compensation benefits payable from 1 November 1982. Regulation 1 (paragraphs 1 to 4) amends Regulation 118 by substituting a new table that reflects the increased compensation amounts. For instance, under section 5B(1) (paragraph 1), the compensation for an injury resulting in incapacity other than total and permanent incapacity is increased from $37,150 to $40,320. Similarly, under section 5D(1) (paragraph 2), the maximum compensation for injuries caused by any one accident without resulting in death or total and permanent incapacity is also raised to $40,320.
The obligations imposed by this legislation require that any claims made under the Seamen’s Compensation Act from 1 November 1982 must adhere to the new compensation rates specified in the amended regulations. For example, claims for funeral expenses where death results from an injury are now subject to the increased maximum amount of $1,050, as per Schedule 1, Clause (1)(a)(iii) (paragraph 1). Additionally, dependents of a totally incapacitated or deceased seaman will receive increased weekly payments: $33.90 for a spouse (Schedule 1, Clause (1)(b)(i)) and $16.15 for each child (Schedule 1, Clause (1)(b)(ii)) (paragraph 1). Furthermore, a seaman who is partially incapacitated will receive a weekly compensation of $129.45 (Schedule 1, Clause (1)(c)(i)) (paragraph 1).
Failure to comply with the updated compensation rates outlined in the Seamen’s Compensation Regulations (Amendment) 1982 No. 292 could result in legal consequences. While the Act does not explicitly detail specific offences or penalties for non-compliance, it is implied that not adhering to the prescribed compensation rates could be considered a breach of the amended regulations. In Australian legal practice, such breaches might lead to civil penalties or legal disputes concerning the rightful compensation amounts. The severity of any penalties would depend on the context and specific circumstances of the non-compliance, but it is critical to ensure adherence to the new rates to avoid potential legal ramifications.