Victorian Current Acts Victorian Current Acts(1) This Act applies in respect of an injury happening to a seaman employed on a Victorian ship as defined in this section if the injury arises out of or in the course of his employment and happens within this State or within the jurisdiction of this State.
(2) In this Act the term "Victorian ship" means any ship which is—
(a) registered in this State; or
(b) owned by a body corporate established under the laws of this State or having its principal office or place of business in this State or is in the possession of any such body corporate by virtue of a charter; or
(c) owned by any person or body corporate whose chief office or place of business in respect of the management of such ship is in this State or is in the possession of any such person or body corporate by virtue of a charter; or
(d) owned by the Crown in respect of the Government of this State, or is in the possession of the Crown in that respect by virtue of a charter.
(3) The application of this Act in respect of injuries happening to seamen as provided by this section shall be subject to the following modifications—
(a) the notice of injury and the claim for compensation may except where the person injured is the master be served on the master of the ship as if he were the employer, but where the injury happened and the incapacity commenced on board the ship it shall not be necessary to give any notice of the injury;
(b) in the case of the death of a seaman the claim for compensation shall be made within six months after the news of the death has been received by the claimant;
(c) in the case of a ship lost with all hands the claim for compensation shall be made within eighteen months after the date when the ship is deemed under this section to have been lost with all hands;
(d) in the case of the death of a seaman leaving no dependants no compensation shall be payable if the owner or charterer of the ship is under any Act in force in Victoria liable to pay the expenses of burial or cremation;
(e) no weekly payments shall be payable in respect of any period during which the owner or charterer of the ship is under any other Act in force in Victoria liable to defray the expenses of maintenance of an injured seaman;
(f) compensation shall be paid in full in all cases notwithstanding any limitation of liability in any other law, but any limitation of liability imposed by any other law on the owner or charterer of the ship shall apply to the amount recoverable by way of indemnity under the section of this Act relating to remedies both against employer and stranger—as if the indemnity were damages for loss of life or personal injury;
(4) Without prejudice to any other means of proof available—
(a) a ship shall be deemed to have been lost with all hands on board if it is shown by some official return produced out of official custody or by other evidence that the ship on which the seaman in respect of whom the compensation is claimed was employed has twelve months or upwards before the institution of the proceedings left a port of departure and has not been heard of within twelve months of that departure;
(b) in the case of a ship lost with all hands a duplicate agreement or list of the crew made out and produced by the proper officer shall if produced out of official custody be in the absence of proof to the contrary sufficient evidence that the seamen therein named as belonging to the ship were on board at the time of the loss.
Division 2—Contractors and sub-contractors
No. 5601 s. 60.