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Exemption from the Seafarers Act
Employers may seek an exemption from the application of the Seafarers Act with respect to an employee or group of employees on a particular ship (section 20A).
Exemptions are usually granted for one-off or out of the ordinary voyages that bring a vessel into the scope of the Seacare scheme.
To assist it in determining applications for exemption, the Seacare Authority uses Exemption Guidelines. The Authority's Exemption Guidelines provide a flexible approach to consideration of exemptions.
To obtain an exemption, an employer or their agent must send to the Authority a completed application form either by fax to 02 6275 0067 or by post to GPO Box 9905, Canberra ACT 2601.
The application must be lodged at least seven business days prior to departure of the vessel on the voyage specified in the application form. The application must be accompanied by documentary evidence that there is a valid and current workers' compensation policy in place that will provide cover to the employees for which the exemption is sought.
No exemption is automatic. The Authority will consider each application on its merits and will take account of, but not be restricted by, its Exemption Guidelines.
An exemption granted by the Authority is subject to any conditions imposed by the Authority.