Appendices
- Appendix 1 Seacare Authority Financial Statements
- Appendix 2 Seacare Authority publications available during 2003 – 04
- Appendix 3 Seacare scheme coverage – guidance notes
- Appendix 4 Selected Figures and Tables
APPENDIX 1: SEACARE AUTHORITY FINANCIAL STAT EMENTS 2003 – 04
SEACARE AUTHORITY STATEMENT OF FINANCIAL PERFORMANCE
For the year ended 30 June 2004
SEACARE AUTHORITY SCHEDULE OF ADMINISTERED ITEMS
SEACARE AUTHORITY SCHEDULE OF ADMINISTERED ITEMS
SEACARE AUTHORITY ADMINISTERED NOTES
FOR THE YEAR ENDED 30 JUNE 2004
1 Summary of Significant Accounting Policies
1.1 Objectives of the Seacare Authority
The objective of the Seacare Authority is to take a leading role in minimising the human and financial costs of workplace injury in the Australian maritime industry.
The Authority is structured to meet the following outcome:
Outcome 1: Minimise human and financial costs of workplace injury in the Commonwealth jurisdiction. The Seacare Authority has not reported a departmental statement of financial position as it does not control assets or incur liabilities in its own right. The Seacare Authority has not reported a departmental statement of cash flows as it did not have departmental cash flows during the 2003 – 2004 financial year.
The administration of the Seacare Authority is performed by Comcare. The associated financial transactions are reported in the Comcare financial statements under Output 1.5: “Regulation of the Seacare scheme of workers’ compensation, rehabilitation and occupational health and safety”. The Seacare Authority has no departmental commitments or departmental contingent liabilities as at 30 June 2004.
Other Seacare Authority activities contributing toward Outcome 1 are classified as administered activities. Administered activities involve the management or oversight by the Authority, on behalf of the Government, of items controlled or incurred by the Government.
The administered activities concern a Fund which was established in October 1992. It was established for the purpose of providing through its contracted agent, AMICA, a safety net under Section 96 of the Seafarers Rehabilitation and Compensation Act 1992 for the compensation and rehabilitation of injured seafarers not otherwise covered by an employer. The safety net fund provides coverage to persons when undergoing industry training, attending the seafarers’ engagement system and any seafarer or company trainee in situations where the original employer is insolvent or no longer traceable.
As AMICA was unable to obtain insurance, the Minister for Employment and Workplace Relations declared on 10 April 2002 that the Seacare Authority is to have the Fund’s powers and obligations under Section
100 of the Seafarers Rehabilitation and Compensation Act 1992.
Section 102 of the Seafarers Rehabilitation and Compensation Act 1992 requires the Seacare Authority
to obtain insurance cover with an authorised insurer for any amount of a claim made by an eligible person that would exceed one million dollars. Despite the efforts of the Authority, it was not possible to obtain this cover as at 30 June 2004.
A Special Account called the ‘Seafarers Rehabilitation and Compensation Account’ was established on the
9th of August 2002 under section 21 of the Financial Management and Accountability Act 1997 to operate as the Fund to receive levies under the Seafarers Rehabilitation and Compensation Levy Collection Act
1992 and to make payments arising from liabilities under the Seafarers Rehabilitation and Compensation
Act 1992. The activities accounted for in these financial statements represent:
(a) the receipt into the Administered Official Receipts Account of levies collected under the Seafarers Rehabilitation and Compensation Levy Collection Act 1992,
(b) the transfer of these receipts to the Official Public Account in accordance with Australian
Government requirements,(c) the draw-down of Special Appropriation into the Administered Official Payments Account representing the return of the funds from the Official Public Account to meet payments under the Seafarers Rehabilitation and Compensation Act 1992 and
(d) the payment of expenses from the Administered Official Payments account.
1.2 Basis of Accounting
The financial statements are required by section 49 of the Financial Management and Accountability Act
1997 and are a general purpose financial report.
The statements have been prepared in accordance with:
- Finance Minister’s Orders (or FMOs, being the Financial Management and Accountability Orders
(Financial Statements for reporting periods ending on or after 30 June 2004)); - Australian Accounting Standards and Accounting Interpretations issued by the Australian Accounting
Standards Board; and - Consensus Views of the Urgent Issues Group.
The Schedule of Administered Items has been prepared on an accrual basis and these are in accordance with historical cost convention. Except where stated, no allowance is made for the effect of changing prices on the items.
Assets and liabilities are recognised in the Schedule of Administered Items when and only when it is probable that future economic benefits will flow and the amounts of the assets or liabilities can be reliably measured. Liabilities and assets that are unrecognised are reported in the Administered Schedule of Commitments.
1.3 Comparative data
In 2002/03 the Seafarers’ Rehabilitation and Compensation Levy was accounted for in the Department of Employment and Workplace Relations (DEWR) financial statements. The balance of funds was transferred to the Seacare Authority on 1 July 2003 following the Royal Assent to the Workplace Relations Legislation Amendment Act 2002 which transferred responsibility for the Seacare Authority from DEWR to Comcare. The 2002 – 2003 balances associated with the Special Account are recorded in Note 12.
1.4 Revenue
Revenue is recognised to the extent that it is probable that the economic benefits will flow to the entity and the revenue can be reliably measured.
1.5 Cash
Cash means notes and coins held and any deposits held at call with a bank or financial institution. Cash is recognised at its nominal amount. For the purposes of schedule of administered cash flows, cash includes cash on hand and in the bank.
1.6 Administered Cash Transfers to and from Official Public Account
Levies collected by the Seacare Authority on behalf of the Australian Government rather than the Seacare Authority are Administered Revenues. Collections are transferred to the Official Public Account (OPA) maintained by the Department of Finance. These transfers to the OPA are adjustments to the administered cash held by the Authority on behalf of the Government and reported as such in the Schedule of Cash Flows. Thus the Schedule of Administered Items largely reflects the Government’s transactions, through the Seacare Authority, with parties outside the Government.
Administered revenue for 2003 – 2004 represents levies collected in accordance with the Seafarers Rehabilitation and Compensation Levy Collection Act 1992. The levies collected by the Seacare Authority are paid into the Seacare Official Receipts account and then transferred into the OPA. These receipts represent monies available for the operation of the Seafarers’ Safety Net Fund. These monies are drawn down as an Administered Special Appropriation to meet expenses of the Fund.
Administered revenues transferred or transferable to the OPA are not reported as administered expenses
or payables. These transactions or balances are internal to the Administered entity. These transfers of cash are reported as administered (operating) cash flows.
1.7 Administered Commitments
The Seacare Authority held no administered commitments as at 30 June 2004.
1.8 Administered Contingent Assets and Contingent Liabilities
The Seacare Authority held no administered contingent assets as at 30 June 2004.
The safety net fund provides coverage to persons when undergoing industry training, attending the seafarers’ engagement system and any seafarer or company trainee in situations where the original employer is insolvent or no longer traceable. As such the Seacare Authority had a financial exposure to all eligible workers’ compensation claims that can not be met by the original employer.
Management has made an estimate of the outstanding workers’ compensation claims incurred but not reported based on available information and this is reported in the financial statements.
The liability in the financial statements does not include an amount for unreported asbestos claims. Actuarial advice is that the available data is not yet sufficient to draw a reliable estimate of possible asbestos claims. This will be formally reviewed in 2004 – 2005.
1.9 Special Payments
The Seacare Authority made no special payments in the form of
- Act of Grace payments,
- ex-gratia payments,
- waivers
- payments under the Scheme for Compensation for Detriment caused by Defective Administration or
- payments under section 73 of the Public Service Act 1999
during the financial year ended 30 June 2004.
2 Adoption of Australian Equivalents to International Financial Reporting Standards From 2005 – 2006
The Australian Accounting Standards Board has issued replacement Australian Accounting Standards to apply from 2005 – 06. The new standards are the Australian Equivalents to International Financial
Reporting Standards (IFRSs) which are issued by the International Accounting Standards Board. The new standards cannot be adopted early. The standards being replaced are to be withdrawn with effect from
2005 – 06, but continue to apply in the meantime.
The purpose of issuing Australian Equivalents to IFRSs is to enable Australian entities reporting under the Corporations Act 2001 to be able to more readily access overseas capital markets by preparing their financial reports according to accounting standards more widely used overseas.
The new reporting requirements are expected to have minimal impact on reporting for the Seacare
Authority.
3 Revenues from Ordinary Activities
The services provided free of charge are recognised as revenue in accordance with the Finance Minister’s Orders for 2003 – 2004. These comprise services provided free of charge by the Australian National Audit Office (ANAO) of $8,500 and services provided free of charge by Comcare of $400,000.
4 Expenses from Ordinary Activities
The value of suppliers represents the cost of services provided free of charge by the ANAO and Comcare. These services are recognised as an expense in accordance with the Finance Minister’s Orders for
2003 – 2004.
The Seacare Authority does not employ staff. Comcare pays the expenses associated with the management of the Seacare Authority. These costs are included in the value of services provided free of charge by Comcare.
5 Revenues administered on behalf of government
Levies are imposed under the Seafarers Rehabilitation and Compensation Levy Act 1992 on seafarer berths (a berth on a prescribed ship that is normally used by a seafarer). The levies are payable by an employer who employs or engages seafarers on a prescribed ship.
6 Expenses administered on behalf of government
7 Assets Administered on behalf of Government – Cash
8 Assets Administered on behalf of Government – Receivables
9 Liabilities Administered on behalf of Government – Payables
10 Liabilities Administered on behalf of Government – Provisions
11 Remuneration of auditors
The Australian National Audit Office did not charge a fee for the audit of the 2003/04 financial statements. The notional amount of $8,500 was brought to account in the 2003/04 financial year as services provided free of charge.
12 Administered special accounts
A Special Account called the ‘Seafarers Rehabilitation and Compensation Account’ was established by the Financial Management and Accountability (Establishment of Special Account) Determination 2002/06 on the 9th of August 2002. The determination was made under section 21 of the Financial Management and Accountability Act 1997 by the Minister for Finance and Administration.
The account has the following purposes for or in relation to which amounts may be expended or transferred with in the Consolidated Revenue Fund:
(a) the payment of claims, or other amounts payable by the Authority under or by virtue of the
Seafarers Act, being amounts payable because of the declaration of the Authority as the Fund;(b) the payment of expenditure incurred in, or attributable to, the administration of the Fund,
(c) payment to persons from whom the levy was collected under the Levy Collection Act;
(d) the payment of any premium for a policy of insurance or indemnity for any amount of the
Authority’s liability under the Seafarers Act;(e) any departmental purpose or administered purpose of the Department administering the Seafarers’ Act, but only up to an amount which had previously been expended by the Department for other purposes of the Account; and
(f) payment to any trading corporation which may be approved under S.96 of the Seafarers Act to be the Fund for the purposes of that Act of an amount not exceeding the amount of the levy collected under the Levy Act less any payments made from the Account.
13 Outcome and Outputs
Note 13A Outcome and output
Outcome
The Seacare Authority is structured to meet one outcome: To minimise human and financial costs of workplace injury in the Commonwealth jurisdiction.
Output
The following output is identified with the outcome: Regulation of the Seacare scheme for workers’ compensation, rehabilitation and occupational health and safety.
Note 13B: Net Cost of Outcome Delivery
Note 13C: Departmental Revenues and Expenses by Output Groups
APPENDIX 2: SEACARE AUTHORITY PUBLICATIONS AVAILABLE DURING 2003 – 04
Notices to maritime industry organisations and other interested parties issued during 2003 – 04
04/2004 Maximum level of benefits (31 May 2004)
03/2004 Indexation – benefits from 1 July 2004 (10 March 2004)
02/2004 Maximum level of benefits (10 March 2004)
01/2004 Change to mileage rate (10 March 2004)
05/2003 Maximum Level of Benefits (26 November 2003)
04/2003 Maximum Level of Benefits (2 September 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 News
Issue 4 Includes outcomes of Seacare Authority meeting 47 of 21 August 2003 (October 2003)
Issue 5 Includes outcomes of Seacare Authority meeting 49 of 18 November 2003 (December 2003)
Issue 6 Includes outcomes of Seacare Authority meeting 50 of 18 February 2004 (April 2004)
Issue 7 Includes outcomes of Seacare Authority meeting 51 of 20 May 2004 (June 2004)
Forms
Other Publications
- Guidance on the Prohibition on the Use of Asbestos in Australian Maritime Industry Workplaces
Version 3 – March 2004 - Guidance Note – Coverage under the Seafarers Rehabilitation and Compensation Act 1992
(Seafarers Act) – June 2003 - 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 (Wall Chart) 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) – February 2002
All of the above publications were issued free of charge and are available from the Authority or from the
Seacare Authority website – www.seacare.gov.au
APPENDIX 3: SEACARE SCHEME COVERAGE – 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 that is 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 employees(1) ? [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 to employees employed by trading, financial and foreign corporations(2).
Test 2: Is the ship(3) 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 to(5):
a. a ship registered(6) in Australia; or
b. a ship (other than a ship registered in Australia) engaged in the coasting trade(7); 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 by(8) 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 commerce(9):
a. between Australia and places outside Australia(10);
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.
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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 s20A of the Seafarers Act, which exempts some or all employment from the operation of the Seafarers Act does not have the effect of exempting the operator from the operation of the OHS(MI) Act. An employer or operator who is subject to a s20A exemption must still comply with the provisions of the OHS(MI) Act.
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), who 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).
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(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.
APPENDIX 4: SELECTED DATA TABLES AND FIGURES
This Appendix contains a number of Tables and Figures for reference.
4.1 Full time equivalent (FTE) employees and hours worked – OHS(MI) Act
Regulation 16 of the Occupational Health and Safety (Maritime Industry) Regulations 1995 requires an operator to report to the Authority within 30 days of the end of the financial year on:
- the average number of full time equivalent employees of the operator in that financial year; and
- the total number of hours worked by employees of the operator in the financial year.
Up to 2003 – 04, the data was collected from an annual survey of employers, though this was not achieved in every year. In 2003 – 04 the Seacare Authority collected this data by way of two six monthly reports as part of the ESD reporting system. The data is reported in Table 33 below.
Table 33: FTE employees and hours worked – OHS(MI) Act 1999 – 00 to 2003 – 04
Source: Seacare Authority
Note: The 2003 – 04 data is not complete data as at the time of printing, not all employers had supplied the data
4.2 Compensation claims by age range 2002 – 03
Figure 10 from the Seacare Authority Annual Report 2002 – 03 has been reproduced below as Figure 20 in this report to enable a comparison with compensation claims by age range for 2003 – 04, set out in Figure 9 in this report.
Figure 20 shows that nearly 60% of seafarers are over the age of 40 and contribute to 73% of claims. The age groups with the highest proportion of claims are the 40 – 44 and 50 – 54 age groups each have 21% (totalling 42%) of the total claims whereas they only make up 29% of total seafarers. The graph also indicates the 55+ age group has the highest number of seafarers (17%) supporting the anecdotal evidence of the ageing workforce in the maritime industry.
