Commonwealth Numbered Regulations - Explanatory Statements

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SEAFARERS REHABILITATION AND COMPENSATION REGULATIONS 1993 NO. 134

Statutory Rules 1993 No. 134

Issued by the authority of the Minister for Transport and Communications

Seafarers Rehabilitation and compensation Act 1992

Seafarers Rehabilitation and Compensation Regulations

The principal purposes of the proposed Regulations are:

•       to prescribe an amount limiting the amount of the Fund's liability that can be carried without insurance; and

•       to prescribe a fee to be charged by Comcare for the provision of a Comcare officer's services.

Regulation 1 provides that the proposed Regulations nay be cited as the Seafarers Rehabilitation and Compensation Regulations.

Regulation 2 provides for the date of effect of the Regulations to be the date on which Part 9 of the Seafarers Rehabilitation and Compensation Act 1992 commences (that is, 24 June 1993).

Regulation 3 provides for the definition of a term used in the Regulations

"Act" is defined as meaning the Seafarers Rehabilitation and Compensation Act 1992.

Regulation 4 prescribes (under subsection 97(1) of the Act) two million dollars as the amount of liability the Fund may have for a single event. For liabilities over and above the prescribed amount for a single event, the Fund must have a policy of insurance or indemnity from an authorised insurer.

The prescribed amount has been sat following consultations between the Minister and the Australian maritime Industry Compensation Agency (AMICA), a trading corporation that the Minister is satisfied meets the conditions specified in section 96 of the Act. The Minister has also consulted the Australian National Maritime Association and the Australian Mines and Metals Association (representing employers) and the maritime unions (representing maritime employees).

Regulation 5 prescribes a fee to be charged by Comcare under subsection 141(1) of the Act for the provision of a Comcare officer's services to an employer. Under section 78 of the Act, an employer must seek the advice of a Comcare officer when reconsidering a determination, unless the employer is a party to a certified agreement relating to an industry panel. The prescribed fee is to be the sum of the amounts under subregulations 5(a) and 5(b).

Subregulation 5(a) specifies an amount of $80 per hour (and a proportionate amount for a part of an hour) for the time spent by the officer assisting, or travelling in connection with providing assistance to, the employer.

Subregulation 5(b) specifies travel and accommodation expenses incurred by the officer in assisting an employer.

Regulation 6 provides for the recovery of fees charged by Comcare under subsection 141(1) of the Act as a debt due to Comcare.