Commonwealth Numbered Regulations - Explanatory Statements

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SEAMEN'S COMPENSATION REGULATIONS (AMENDMENT) 1992 NO. 151

Statutory Rules 1992 No. 151

Issued by the authority of the Minister for Transport and Communications

Seamen's Compensation Act 1911

Seamen's Compensation Regulations (Amendment)

The purpose of the proposed regulations is to increase, from 13 June 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.

There was no increase in benefits on 13 December 1991 as the movement in Average Weekly Earnings was negative in the relevant six month reference period. Accordingly, this increase is based on movements for the twelve months to 16 November 1991.

Regulation 1 provides for the date of effect of the amendments to be 13 June 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 $73,020 to $74,630.

•       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 $73,020 to $74,630.

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 $1,890 to $1,930.

-       Clause (1)(b)(i): the weekly payment for the dependent spouse of a totally incapacitated seaman is increased from $61.40 to $62.80.

-       Clause (1)(b)(ii): the weekly payment for each dependent child of a totally incapacitated seaman is increased from $29.30 to $29.90.

-       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 $234.70 to $239.90.

-       Paragraph (10A): the minimum total amount of compensation payable in respect of each dependent child of a deceased seaman is increased from $2,930 to $2,990.

Regulation 4 of the Statutory Rules amends Regulation 119 of the Seamen's Compensation Regulations to prescribe the amounts of $74,630 and $29.90 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 $73,020 to $74,630, and the amount of weekly payment for each dependent child of a deceased seaman is increased from $29.30 to $29.90.

Regulation 5 of the Statutory Rules amends Regulation 120 of the Seamen's Compensation Regulations to prescribe the amount of $239.90 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 $234.70 to $239.90.

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 June 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 June 1992, or a loss or event occurring after that date, resulting from any other injury sustained or disease suffered by a seaman.