Chapter 1: The operations of the Seafarers Safety, Rehabilitation and Compensation Authority

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• 1.1 Functions of the Seacare Authority
• 1.2 Membership of the Seacare Authority in 2003 – 04
• 1.3 Deputy members of the Seacare Authority
• 1.4 Recent membership changes
• 1.5 Meeting attendance
• 1.6 Seacare Authority sub-committees
• 1.7 Public Accountability
• 1.8 Administrative Support
• 1.9 The Portfolio Budget Statement for the Seacare function
• 1.10 Other reporting requirements

1.1 Functions of the Seacare Authority

The Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority) is a statutory body established under the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act). It is located within the portfolio responsibilities of the Minister for Employment and Workplace Relations. Members of the Authority (with the exception of the Chief Executive Officer (CEO), Australian Maritime Safety Authority, who is an ex officio member) are appointed by the Minister under the Seafarers Act.

The Seacare Authority is not a body corporate and does not employ its own staff. To enable it to perform its functions and exercise its powers, the Safety, Rehabilitation and Compensation Act 1988 requires Comcare to give the Seacare Authority such secretarial and other assistance and to make available to the Authority the services of such members of Comcare’s staff as the Authority reasonably requires for the performance of its functions and exercise of its powers. The Minister for Employment and Workplace Relations has advised the maritime industry that the Authority will maintain its autonomy whilst being supported by Comcare.

The Seacare Authority performs functions under the Seafarers Act as well as functions conferred on it by the Occupational Health and Safety (Maritime Industry) Act 1993 (the OHS(MI) Act) and associated regulations.

The Seacare Authority’s functions under the
Seafarers Act are to:

• monitor the operation of the Act;
  
• promote high operational standards of claims management and effective rehabilitation procedures by employers;
  
• cooperate with other bodies or persons with the aim of reducing the incidence of injuries to employees;
  
• publish material relating to these functions;
  
• formulate policies and strategies relating to the occupational health and safety of employees;
  
• accredit occupational health and safety training courses for the purposes of section 47 of the OHS(MI) Act;
  
• advise the Minister for Employment and Workplace Relations about issues relating to the Authority’s functions and powers and other matters relating to the compensation and rehabilitation of employees; and
  
• such other functions as are conferred on the Authority by the Seafarers Act or any other Act.

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The Seacare Authority’s functions under the OHS(MI) Act are to:

• ensure, in accordance with the OHS(MI) Act and regulations, that the obligations imposed by or under the OHS(MI) Act are complied with;
  
• advise operators, employees or contractors, either on its own initiative or on being asked, on occupational health and safety matters;
  
• collect, interpret and report information relating to occupational health and safety;
  
• formulate policies and strategies relating to the occupational health and safety of employees;
  
• accredit occupational health and safety training courses for the purposes of section 47 of the OHS(MI) Act;
  
• liaise with other bodies concerned with occupational health and safety; and
  
• advise the Minister on:
  • the most effective means of giving effect to the objects of the OHS(MI) Act;
  • the making of regulations under the OHS(MI) Act; and
  • the approval of codes of practice under subsection 109(1) of the OHS(MI) Act.

The Seacare Authority also manages the Seafarers Safety Net Fund for the maritime industry (when such a declaration has been made by the Minister). During such times the Authority also administers the Seafarers Rehabilitation and Compensation Levy Act 1992 (Levy Act) and the Seafarers Rehabilitation and Compensation Levy Collection Act 1992 (Levy Collection Act) and regulations made under the Acts. Under the Levy Act the Authority must advise the Minister on request on:

• the need to ensure the Seafarers Safety Net Fund has adequate financial reserves for the purposes of its prudential management;
  
• reasonable estimates of the Fund’s present and future liabilities under the Seafarers Act; and
  
• the cost of administering the Authority in connection with the performance or exercise of the Fund’s functions, powers and obligations under that Act.
  

The Authority is responsible for ensuring that employers comply with their obligations under the Levy Collection Act and regulations.

Given these legislative functions, the Seacare Authority is the regulator of workers’ compensation, rehabilitation and OHS in the Australian maritime industry. The scheme of workers’ compensation, rehabilitation and OHS for the maritime industry is generally known as the Seacare scheme, or Seacare (being the trade mark or trading name of the Seacare scheme).

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Seacare scheme coverage

Detailed information on the coverage of Seacare scheme legislation is included at Appendix 3. General information on coverage is outlined below.

The Seafarers Act applies to seafarers and trainees employed on prescribed ships that are engaged in intra-territorial or interstate trade or commerce, or trade or commerce to places, or between places, outside Australia. A prescribed ship is a ship to which Part II of the Navigation Act 1912 applies. This includes certain ships registered in Australia, ships otherwise registered and engaged in the coasting trade, and ships of which the majority of the crew are Australian residents and which are operated by an entity with its principal place of business in Australia.

The OHS(MI) Act applies to all ship operators, employees, contractors and other persons working on a prescribed ship that is engaged in intra- territorial or interstate trade or commerce, or trade or commerce to places, or between places, outside Australia. The OHS(MI) Act also covers prescribed units, being certain offshore industry mobile units (a vessel or structure used in exploring or exploiting the natural resources of the seabed). The OHS(MI) Act does not cover ships that voyage within one state, government ships or vessels to which the Petroleum (Submerged Lands) Act 1967 applies.

The Seafarers Act also applies to employment on prescribed ships where a section 8A (for offshore industry vessels) or 8AA (for trading ships) declaration under the Navigation Act is in force, while the OHS(MI) Act applies to offshore industry vessels where a s8A declaration is in force and to trading ships where a s8AA declaration is in force.

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1.2 Membership of the Authority in 2003 – 04

The Seacare Authority has seven members, six of whom are appointed by the Minister. The Minister appoints a Chairperson, Deputy Chairperson, two members representing employers and two members representing employees. The CEO of the Australian Maritime Safety Authority (AMSA) is an ex officio appointee to the Authority. Membership of the Authority as at 30 June 2004 was as follows:

Geoff Gronow Chairperson

Mr Gronow is a consultant with the Melbourne law firm Middletons Lawyers. He is a solicitor and barrister with the High Court of Australia, the Supreme Court of Victoria and the Supreme Court of the Australian Capital Territory. Mr Gronow’s current three year appointment commenced on 1 September 2001. He has now served as Chairperson since September 1999.

Noel Swails Deputy Chairperson

Mr Swails is Deputy Chief Executive Officer of Comcare. Mr Swails was appointed as Deputy Chairperson from 23 October 2002 to 31 August 2004.

Warwick Norman Member

Captain Norman is Manager and Chief Executive, RightShip Pty Ltd. He represents the interests of employers. Capt Norman’s current three year appointment commenced on 23 August 2001. He has been a member since August 1996.

Malcolm Hearnden Member

Mr Hearnden is Manager, Pacific Manning Company Pty Ltd. He represents the interests of employers. Mr Hearnden’s three year appointment commenced on 11 December 2001. He has been a member since December 2001.

Martin Byrne Member

Mr Byrne is the Assistant Federal Secretary of the Australian Institute of Marine and Power Engineers. He represents the interests of seafarers. Mr Byrne’s current three year appointment commenced on 7 September 2001. He has been a member since August 1996.

Paddy Crumlin Member

Mr Crumlin is the National Secretary of the Maritime Union of Australia. He represents the interests of seafarers. Mr Crumlin’s current three year appointment commenced on 20 October 2001. He has been a member since June 1993.

Clive Davidson Member

Mr Davidson is the Chief Executive Officer of the Australian Maritime Safety Authority. He has been a member since May 1998.

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