Appendices
Appendices
APPENDIX 1: SELECTED DATA TABLESPart A: Incident data reported to AMSA
Table 28: Incidents by location on ship 1998–99 to 2002–03
Table 29: Incidents by ship type 1998–99 to 2002–03
Part B: Compensation claims data reported to AMICATable 30: Accepted claims by location on ship 1998–99 to 2002–03
Table 31: Accepted claims by mechanism of injury 1998–99 to 2002–03
|
Table 32: Accepted claims by body location 1998–99 to 2002–03
| 1998-99 | 1999-00 | 2000-01 | 2001-02 | 2002-03 | |
| Head and Neck | 17 | 11 | 13 | 15 | 11 |
| Trunk | 60 | 46 | 55 | 48 | 45 |
| Upper Limbs | 61 | 53 | 61 | 55 | 38 |
| Lower Limbs | 54 | 37 | 47 | 28 | 48 |
| Multiple | 8 | 8 | 1 | 2 | 2 |
| Systemic | 5 | 1 | 2 | 0 | 0 |
| Other | 6 | 1 | 1 | 4 | 1 |
| Total | 211 | 157 | 180 | 152 | 145 |
Table 33: Accepted claims by injury/disease type 1998–99 to 2002–03
| 1998-99 | 1999-00 | 2000-01 | 2001-02 | 2002-03 | |
| Fractures | 30 | 24 | 29 | 20 | 20 |
| Sprains and strains | 99 | 76 | 92 | 62 | 80 |
| Other Injury and Poisoning | 49 | 34 | 31 | 39 | 23 |
| Disease - musculoskeletal/connective tissue | 7 | 2 | 11 | 6 | 6 |
| Hernia | 8 | 11 | 9 | 14 | 10 |
| Disease - all other | 18 | 10 | 8 | 11 | 6 |
| Total | 211 | 157 | 180 | 152 | 145 |
APPENDIX 2: SEACARE AUTHORITY PUBLICATIONS AVAILABLE DURING 2002–03
Notices to maritime industry organisations and other interested parties issued during 2002–03
| 04/2002 | Maximum Level of Benefits (July 2002) |
| 05/2002 | Maximum Level of Benefits (September 2002) |
| 06/2002 | Maximum Level of Benefits (November 2002) |
| 01/2003 | Maximum Level of Benefits (March 2003) |
| 02/2003 | Maximum Level of Benefits (June 2003) |
| 03/2003 | Indexation — Increase in Benefits from 1 July 2003 (June 2003) |
| Brochures | |
| Brochure 1 | Employee Rights and Responsibilities (July 2002) |
| Brochure 2 | Employer Rights and Responsibilities (June 2000) |
| Brochure 3 | Entitlements under the Seafarers Act (January 2001) |
| Brochure 4 | Occupational Health and Safety (July 2002) |
| Brochure 5 | Rehabilitation and Return to Work (January 2001) |
| Seacare Authority Quarterly Reports | |
| 02/2002 | Outcomes of Seacare Authority meeting 40 of 21 May 2002 and Meeting 41 of 13 June 2002 |
| Seacare News | |
| 12/2002 | Issue 1 — Includes outcomes of Seacare Meeting 44 of 19 November 2002 |
| 03/2003 | Issue 2 — Includes outcomes of Seacare Meeting 45 of 19 February 2003 |
| 06/2003 | Issue 3 — Includes outcomes of Seacare Meeting 46 of 21 May 2003 |
TOP
Forms
| Name of Form | Form number | Dates |
| Guide to Reporting: Employers/Operators | 01 | Updated January 2001 Issued June 2000 |
| Insurance Arrangements Form | 02 | Updated January 2001 Issued June 2000 |
| Claim for Rehabilitation/Compensation | 03 | Updated March 2001 and March 2002 Issued July 1999 |
|
Claim for Permanent Impairment and
Non-Economic Loss and/or Related Aids |
04 | Updated March 2002 Issued 1996 |
| Claim for Compensation by Dependants | 05 | Issued 1997of Deceased Employees |
| OHS Incident Alert Form | 06 | Issued June 1999 |
| OHS Incident Report Form | 07 | Issued June 1999 |
| Claim Update Form | 08 | Updated March 2001 Issued June 2000 |
| Report on Employee and Ship Details | 09 | Updated June 2002 Updated April 2001 Issued June 2000 |
| Section 20A application for exemption from the application of the Seafarers Rehabilitation and Compensation Act 1992 |
10 | Updated May 2002 Updated November 2000 Issued June 2000 |
| Levy and Berths Return | 11 | Issued 30 June 2002 |
Other Publications
Guidance Note — Coverage under the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act)
Guidance Note on Manual Handling and Body Stressing in the Australian Maritime Industry — December 2002
Seafarers Rehabilitation and Return to Work — A Best Practice Guide for the Australian Shipping Industry — February 2002
Seafarers Rehabilitation and Return to Work — A Short Version of the Best Practice Guide for the Australian Shipping Industry — February 2002
Seafarers Rehabilitation and Return to Work — A Summary of Key Actions Employers can Take to Assist Recovery, Rehabilitation and Return to Work of an Injured Seafarer – February 2002
Seafarers Rehabilitation and Return to Work — PowerPoint Presentation (only available on the Seacare Authority website www.seacare.gov.au )
All of the above publications were issued free of charge and are available from the Authority or from the Seacare Authority website.
APPENDIX 3: SEACARE SCHEME COVERAGE — GUIDANCE NOTES
Guidance Notes
Coverage under the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act)
Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority)
March 2003
Advice on the application of the Seafarers Act may be obtained from:
Seacare Management Group
Seafarers Safety, Rehabilitation and Compensation Authority
Phone: 02 6275 0070
Email: seacare@comcare.gov.au
Disclaimer
This guidance note is not intended to be a legal document or to provide legal advice. This document is intended to be a guide only as to the application of the Seafarers Rehabilitation and Compensation Act 1992. This document should not be relied on as a complete statement of the law. Persons who may be affected by the application of the Seafarers Act should seek their own legal advice.
Coverage under the Seafarers Rehabilitation and Compensation Act 1992(Seafarers Act)
Guidance Notes
The application provisions of the Seafarers Rehabilitation and Compensation Act 1992 (Section 19)
19.(1) This Act applies to the employment of employees on a prescribed ship thatis engaged in trade or commerce:
(a) between Australia and places outside Australia; or
(aa) between 2 places outside Australia; or
(b) among the States; or
(c) within a Territory, between a State and A Territory or between 2 Territories.
(1A) In addition, this Act applies to the employment of employees on any prescribed ship that is:
(a) an offshore industry vessel in relation to which a declaration under subsection 8A(2) of the Navigation Act is in force; or
(b) a trading ship in relation to which a declaration under subsection 8AA(2)of that Act is in force.
(2) This Act also has the effect it would have if:
(a) a reference to an employer were limited to a reference to a trading corporation formed within the limits of the Commonwealth; and
(b) a reference to an employee were limited to a reference to an employee employed by a trading corporation formed within the limits of the Commonwealth.
(3) This Act also has the effect it would have if:
(a) a reference to an employer were limited to a reference to a financial corporation formed within the limits of the Commonwealth; and
(b) a reference to an employee were limited to a reference to an employee employed by a financial corporation formed within the limits of the Commonwealth.
(4) This Act also has the effect it would have if:
(a) a reference to an employee were limited to a reference to an employee employed by a foreign corporation; and
(b) a reference to an employee were limited to a reference to an employee employed by a foreign corporation.
(5) Subsection (3) does not have the effect of applying this Act with respect to:
(a) State banking that does not extend beyond the limits of the State concerned; or
(b) State insurance that does not so extend.
Note: The application provisions of the Occupational Health and Safety (Maritime Industry) Act 1993 (Section 6) and the Seafarers Rehabilitation and Compensation Levy Act 1993 (Section 6) are set out at Attachment 1.
Seafarers Act – coverage tests
Test 1: Is there employment of employees1 ? [that is, is there an employer-employee relationship — independent contractor and partnership arrangements must be genuine to fail the employment test].
Note: –Section 19 of the Seafarers Act limits references to employer to trading, financial and foreign corporations and references to employees employed by trading, financial and foreign corporations2 .
Test 2: Is the ship3 a prescribed ship?
Section 3 of the Seafarers Act provides that a prescribed ship means a ship to which Part II of the Navigation Act 1912 (the Navigation Act) applies but does not include a Government ship4 .
Part II of the Navigation Act (refer to section 10 of the Navigation Act) generally applies to5 :
a. a ship registered6 in Australia; or
b. a ship (other than a ship registered in Australia) engaged in the coastingtrade7; or
c. a ship (other than a ship registered in Australia or engaged in the coasting trade) of which the majority of the crew are residents of Australia and which is operated by8 any of the following (whether or not in association with any other person, firm or company, being a person, firm or company of any description) namely:
(i) a person who is a resident of, or has his principal place of business in, Australia;
(ii) a firm that has its principal place of business in Australia; or
(iii) a company that is incorporated, or has its principal place of business, in Australia.
Test 3: Is the prescribed ship engaged in trade or commerce9 :
a. between Australia and places outside Australia10 ;
b. between 2 places outside Australia;
c. among the States (inter-State);
d. within a Territory (intra-Territorial);
e. between a State and Territory; or
f. between 2 Territories.
[If the ship is engaged in any of the voyage types described in a–f above, it meets test 3].
If the answer to test 1, and test 2 and test 3 is in the affirmative, then the ship is covered by the Seafarers Act.
Test 4: Is the prescribed ship an offshore industry vessel to which a declaration under subsection 8A(2) of the Navigation Act is in force [a check of the AMSA website at www.amsa.gov.au/ will provide a guide as to whether the ship is so declared]
Test 5: Is the prescribed ship a trading ship to which a declaration under subsection 8AA(2) of the Navigation Act is in force [a check of the AMSA website at www.amsa.gov.au/ will provide a guide as to whether the ship is so declared]
If the answer to tests 1 and 2 is answered in the affirmative AND also either test 4 or test 5 is answered in the affirmative, then the ship will be covered by the Seafarers Act irrespective of whether it meets test 3 above (i.e. irrespective of whether it is engaged in trade or commerce between Australia and places outside Australia, or between 2 places outside Australia, among the States, within a Territory, between a State and Territory or between 2 Territories). In summary, a ship that is declared under s.8A or s.8AA must also be a prescribed ship to be covered by the Seafarers Act.
Exemptions from the operation of the Seafarers Act
Section 20A of the Seafarers Act provides that the Seacare Authority may exempt the employment on a particular ship of all employees, or a particular group or groups of employees or a particular employee or particular employees from the operation of the Seafarers Act. Regard should be had to the exemption guidelines issued by the Authority which are available from the Seacare website when considering an application for exemption.
An exemption granted under section 20A of the Seafarers Act from the application of that Act does not have the effect of also exempting the ship within the operation of the OHS(MI) Act which may be subject to an exemption must still to comply with the OHS(MI) Act and regulations.
Interpretation Section
1 Employee is defined in section 4 of the Seafarers Act to mean a seafarer or trainee or a person (other than a trainee), although ordinarily employed or engaged as a seafarer, is not so employed or engaged but is required under an award to attend a Seafarers Engagement Centre for the purposes of registering availability for employment or engagement on a prescribed ship (the Seafarers Engagement Centres were phased out in 1998).
A seafarer means a person employed in any capacity on a prescribed ship on the business of the ship, other than: (a) a pilot; (b) a person temporarily employed on the ship in port; or (c) a person included in the class of persons defined as "special personnel" in Section 283 of the Navigation Act (e.g. scientists, technicians carried on board a ship engaged in research, expeditions or surveys).
Section 283 of the Navigation Act provides that 'special personnel' means persons carried on board a special purpose ship with the knowledge or consent of the owner, agent or master of the ship, other than the master of any other member of the crew of the ship, a pilot, a person temporarily employed on the ship in port or any person included in a class of persons prescribed for paragraph (d) of the definition. Part 50 of the Marine Orders (Order 14 of 1999) prescribes certain ships as special purpose ships for the purposes of section 283 of the Navigation Act. Special purpose ships are prescribed as mechanically self-propelled ships which, by reason of their function, carry on board (a) more than 12 special purpose personnel or (b) a combination of passengers and special purpose personnel where the combined total exceeds 12 but the number of passengers does not exceed 12. The Marine Order notes that the combined effect of the provisions in the Marine Order is that "special personnel" are persons employed on the ship in connection with the special purpose of the ship or related special work performed on board the ship. An example of ships that would normally be regarded as special purpose ships are ships engaged in research, expeditions and survey.
2 Section 3 of the Seafarers Act defines a financial corporation to mean a financial corporation within the meaning of Paragraph 51(xx) of the Commonwealth Constitution, a foreign corporation to mean a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body that is incorporated in an external Territory and a trading corporation to mean a trading corporation within the meaning of paragraph 51(xx) of the Constitution.
3 Section 6 of the Navigation Act defines a ship to mean any kind of vessel used in navigation by water, however propelled or moved and includes:
(a) a barge, lighter or other floating vessel (that is self propelled - see endnote 5 below for the types of ships to which Part II of the Navigation Act does not apply);
(b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water; and
(c) an offshore industry mobile unit (with the exception of those that are not self propelled, and where self propelled, only when being moved).
4 Section 3 of the Seafarers Act defines a government ship to mean a ship:
(a) that belongs to the Commonwealth or a State or Territory;
(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or
(c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth, a State or a Territory;
and includes a ship that belongs to an arm of the Defence Force, but does not include a ship:
(d) that belongs to a trading corporation that is an authority or agency of the Commonwealth or a State or Territory; or
(e) the beneficial interest in which is vested in such a trading corporation; or
(f) that is for the time being demised or sub-demised to, or in the exclusive possession of a trading corporation; or
(g) that is operated by seafarers supplied (directly or indirectly) by a corporation under a contract with the Commonwealth or a State or Territory.
5 Part II of the Navigation Act does not apply to inland waterway vessels, pleasure crafts, barges, lighters or other floating vessels which are not self propelled. However for the purposes of the definition of 'prescribed ship' in the Seafarers Act, Part II of the Navigation Act may apply, for example, to fishing vessels and fishing fleet support vessels (irrespective of the type of voyage they are proceeding on).
6 A ship registered in Australia is defined by section 7A of the Navigation Act, which provides that a reference to a ship registered in Australia shall be read as a reference to a ship registered under the Shipping Registration Act 1981 and as including a reference to a ship that is required to be registered under that Act but is not so registered. Reference should also be made to section 8B (ships imported into Australia) and 283G (off-shore industry vessels and mobile units) of the Navigation Act which deems certain ships to be registered in Australia where there are no declarations to the contrary.
7 To determine if a ship is engaged in the coasting trade reference should be made to the definition of 'coasting trade' in section 7 of the Navigation Act, which in turn will assist in determining whether a ship is a 'prescribed ship' for the purposes of the Seafarers Act. A ship which has a licence to engage in the coasting trade will be a prescribed ship for the purposes of the Seafarers Act. However an unlicensed ship which has been issued with a permit or permission under section 286 of the Navigation Act, whilst engaged in the activities covered by the permit or permission, would not be 'engaged in the coasting trade' for the purposes of subsection 10(b) of the Navigation Act.
8 Operated by is not defined in the Seafarers Act or Navigation Act and needs to be given its ordinary meaning.
9 Trade or commerce has a wide meaning. It will be a question of fact in each case as to whether a ship engages in trade or commerce. For example, the interstate transportation of goods or persons for any purpose when done for profit or reward (such as would be involved in tourism operations) would come within the scope of interstate trade or commerce.
10 Australia includes offshore areas to the outer limit of the territorial sea (see section 15B of the Acts Interpretation Act 1901). The outer limit of the territorial sea was established by Proclamation under section 7 of the Seas and Submerged Lands Act 1973 as 12 nautical miles seaward of baselines, also established by Proclamation under section 7 of the Seas and Submerged Lands Act 1973.
Attachment 1
The application provisions of the Occupational Health and Safety (Maritime Industry) Act 1993 (Section 6)
(1) This Act applies in relation to a prescribed ship or prescribed unit that is engaged in trade or commerce:
(a) between Australia and places outside Australia; or
(aa) between 2 places outside Australia; or
(b) between the States; or
(c) within a Territory, between a State and a Territory or between 2 Territories.
(2) Without limiting the operation of subsection (1), this Act applies to:
(a) the operator of a prescribed ship or prescribed unit described in subsection (1); and
(b) employees employed on a prescribed ship or prescribed unit described in subsection (1); and
(c) contractors and other persons working on a prescribed ship or prescribed unit described in subsection (1); and
(d) manufacturers, suppliers and importers of plant used, or substances used or handled, on a prescribed ship or prescribed unit described in subsection (1).
(3) This Act also applies in relation to:
(a) an offshore industry vessel in relation to which a declaration under subsection 8A(2) of the Navigation Act 1912 is in force; and
(b) a trading ship in relation to which a declaration under subsection 8AA(2)of that Act is in force.
(4) Without limiting the operation of subsection (3), this Act applies to:
(a) the operator of a vessel or ship described in subsection (3); and
(b) employees employed on a vessel or ship described in subsection (3); and
(c) contractors and other persons working on a vessel or ship described in subsection (3); and
(d) manufacturers, suppliers and importers of plant used, or substances used or handled on, a vessel or ship described in subsection (3).
(5) Without prejudice to its effect apart from this subsection, this Act also has effect as provided by subsections (6), (7) and (8).
(6) This Act has, by force of this subsection, the effect it would have if.
(a) a reference to an operator were limited to a reference to a trading corporation formed within the limits of the Commonwealth; and
(b) a reference to an employee were limited to a reference to an employee of a trading corporation formed within the limits of the Commonwealth; and
(c) a reference to a contractor were limited to a reference to a contractor working for a trading corporation formed within the limits of the Commonwealth; and
(d) a reference to a manufacturer were limited to a reference to a manufacturer that is a trading corporation formed within the limits of the Commonwealth; and
(e) a reference to a supplier were limited to a reference to a supplier that is a trading corporation formed within the limits of the Commonwealth; and
(f) a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a trading corporation formed within the limits of the Commonwealth.
(7) This Act has, by force of this subsection, the effect it would have if.
(a) a reference to an operator were limited to a reference to a financial corporation formed within the limits of the Commonwealth; and
(b) a reference to an employee were limited to a reference to an employee of a financial corporation formed within the limits of the Commonwealth; and
(c) a reference to a contractor were limited to a reference to a contractor working for a financial corporation formed within the limits of the Commonwealth; and
(d) a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a financial corporation formed within the limits of the Commonwealth.
(8) This Act has, by force of this subsection, the effect it would have if.
(a) a reference to an operator were limited to a reference to a foreign corporation; and
(b) a reference to an employee were limited to a reference to an employee of a foreign corporation; and
(c) a reference to a contractor were limited to a reference to a contractor working for a foreign corporation; and
(d) a reference to a manufacturer were limited to a reference to a manufacturer that is a foreign corporation; and
(e) a reference to a supplier were limited to a reference to a supplier that is a foreign corporation; and
(f) a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a foreign corporation.
(9) This Act does not apply with respect to:
(a) State banking that does not extend beyond the limits of the State concerned; or
(b) State insurance that does not so extend.
The application provisions of the Seafarers Rehabilitation and Compensation Levy Act 1992 (Section 6)
6. Levy on Seafarer berths is payable by an employer who employs or engages Seafarers on a prescribed ship.
The Seafarers Rehabilitation and Compensation Levy Act 1992 and the Seafarers Rehabilitation and Compensation Levy Collection Act 1992 apply to employers who employ or engage seafarers on prescribed ships which are subject to the application of the Seafarers Act by reason of section 19 of that Act.