• Sea Safe Work Day / Safe Work Australia Week
• Statutory Rates
• Strategies & Business Plans
• Judgements and decisions
• 2008 Seacare Awards & Conference images
• Seacare HSR Forum 2008
• Seacare HSR Forum 2009
• Manual Tasks
• HSR
• OHS
• Safe Work Australia Awards
• Death Benefits
• HarmonisationOHSlaws

CHAPTER 1: THE OPERATIONS OF THE SEAFARERS SAFETY, REHABILITATION AND COMPENSATION AUTHORITY

1.1 Functions of the Seacare Authority
1.2 Membership of the Seacare Authority in 2004-05
1.3 Deputy Members of the Seacare Authority
1.4 Membership changes during the year
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 Authority

The Seafarers Safety, Rehabilitation andCompensation Authority (Seacare Authority) is astatutory body established under the SeafarersRehabilitation and Compensation Act 1992(Seafarers Act). It is located within the portfolioresponsibilities of the Minister for Employment andWorkplace Relations. Members of the Authority(with the exception of the Chief Executive Officer,Australian Maritime Safety Authority, who is an exofficio member) are appointed by the Minister underthe Seafarers Act.

The Seacare Authority is not a body corporateand does not employ its own staff. To enable itto perform its functions and exercise its powers,the Safety, Rehabilitation and CompensationAct 1988 requires Comcare to give the SeacareAuthority such secretarial and other assistance andto make available to the Authority the services ofsuch members of Comcare’s staff as the Authorityreasonably requires for the performance of itsfunctions and exercise of its powers.

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

The Seacare Authority’s functions under theSeafarers 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 ofemployees;
  
• 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
  
• perform such other functions as are conferredon the Authority by the Seafarers Act or anyother Act.

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

• ensure, in accordance with the OHS(MI) Actand 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 seafarers;
  
• accredit occupational health and safety training courses for the purposes of section47 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 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 who 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, or 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.

It should be noted that the terms of reference of the independent review of the Seacare Scheme, discussed in the Chairperson’s report, included the impact and merit of alternative coverage provisions relating to employees and prescribed ships under the Seafarers Act and the OSH(MI) Act as well as the relationship of these acts with other legislation, including the Navigation Act 1912, the Petroleum (Submerged Lands) Act 1967 and State and Territory workers’ compensation and OHS schemes.

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1.2 Membership of the Authority in 2004-05

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 2005 was as follows:

	Geoff Gronow Chairperson	Mr Gronow ESM ED 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 has now served as Chairperson since September 1999 and was reappointed from 1 September 2004.
	Noel Swails Deputy Chairperson	Mr Swails is Deputy Chief Executive Officer of Comcare. He has been Deputy Chairperson of the Authority since October 2002 and was reappointed from 1 September 2004.
	Peter Bremner Member	Mr Bremner is General Manager Shipping, CSR Limited. He represents the interests of employers. Mr Bremner’s appointment commenced in August 2004.
	Malcolm Hearnden Member	Mr Hearnden is Manager, Swire Pacific Ship Management (Australia) Pty Ltd. He represents the interests of employers. Mr Hearnden has been a member of the Authority since December 2001 and was reappointed from February 2005.
	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 has been a member of the Authority since August 1996 and was reappointed in November 2004.
	Mick Doleman Member	Mr Doleman is the Assistant National Secretary of the Maritime Union of Australia. He represents the interests of seafarers. Mr Doleman’s appointment commenced in November 2004.
	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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1.3 Deputy Members of the Authority

The Seafarers Act provides for employer and employee members of the Authority, with the approval of the Minister, to appoint a person to be the deputy of that member. At 30 June 2005, the following employer and employee members had appointed a deputy member:

• Mr Peter Bremner appointed
  Mr Trevor Griffett.
  
• Mr Mal Hearnden appointed
  Mr Tony Caccamo.
  
• Mr Martin Byrne appointed
  Mr John Wydell.
  
• Mr Mick Doleman appointed
  Mr Paddy Crumlin.
  
  

The Chief Executive Officer of AMSA may appoint a person who is an officer or employee of AMSA to be his or her deputy. Mr Clive Davidson has appointed Mr Geoff Toomer to act as his deputy.

1.4 Membership Changes during the year

Mr Peter Bremner was appointed as a Member of the Authority on 23 August 2004, replacing Captain Warwick Norman. Mr Mick Doleman was appointed as a Member on 12 November 2004 replacing Mr Paddy Crumlin.

1.5 Meeting Attendance

The Seacare Authority met six times during 2004-05. Four of those meetings (in August, November, February and May) were scheduled meetings as required by the Seafarers Act, while two were special meetings (in September and January) conducted by teleconference to deal with particular issues. The following table outlines attendance at those meetings:

Table 1: Seacare Authority Members/Deputies meeting attendance 2004-05

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1.6 Seacare Authority sub-committees

During 2004-05 three Authority sub-committees were in operation. These were:

1.7 Public Accountability

Consultancy Services

In 2004-05 the Seacare Authority commissioned one consultancy. It was paid from monies collected under the Seafarers Rehabilitation and Compensation Levy Collection Act 1992 (i.e. from the Seafarers

Safety Net Fund). The consultancy required Taylor Fry Pty Ltd to provide actuarial advice on an appropriate reserve to cover liabilities that could arise from claims on the Seafarers Safety Net Fund. The contract price was $10,550. Payment in full for this contract was made in 2004-05.

External Scrutiny

During the year the Minister announced that the Department of Employment and Workplace Relations (DEWR) would conduct an independent review of the Seacare scheme with broad terms of reference encompassing the scheme’s purpose and objectives, scheme design and coverage, governance and delivery. The review also enabled the opportunity for interested persons to make submissions. A fundamental question posed by the review was whether alternative systems to the existing arrangements would facilitate improved outcomes.

While the review was completed during the reporting year, its findings had not been released by year’s end.

Social Justice

The Seafarers Act serves a social purpose to ensure that seafarers are not unfairly disadvantaged because of work-related injuries. The Authority reinforces this purpose by monitoring the operation of the Act and promoting high operational standards of claims management and effective rehabilitation procedures by employers. The Authority also responds to requests for information about the scheme and its proper operation from seafarers, employers, maritime unions, industry associations, insurance companies, insurance brokers, rehabilitation providers and the legal and medical professions.

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Access and Equity

In 2004-05, the Authority maintained ready access to information on rights, entitlements and obligations under the Seafarers Act by:

• maintaining its internet site (www.seacare.gov.au). The website contains information on the role and functions of the Authority, membership details, publications/ forms, accreditation of OHS training courses, exemption from the application of the Seafarers Act, contact details, relevant legislation, related sites as well as the latest news on the scheme;
  
• maintaining a separate email address (seacare@comcare.gov.au) for general enquiries and correspondence for the Authority;
  
• maintaining a dedicated phone line and voicemail service (02-6275 0070) to ensure that all inquiries are dealt with in an efficient and timely manner;
  
• developing and distributing:

- brochures to employers covered by the Seacare scheme and to other interested parties;

- a new ‘plain english’ version of the claim form;

- Seacare News, a quarterly newsletter distributed to interested parties which cover: injury prevention, rehabilitation, workers’ compensation, scheme governance, performance reporting and other related jurisdictional topics;

- Notices to Maritime Industry and Other Interested Parties; and

• providing information to members of the public.

Freedom of Information/Commonwealth Ombudsman requests, and Privacy Act matters

In 2004-05, the Authority received no requests for information under the Freedom of Information Act 1982, nor any inquiries from the Commonwealth Ombudsman or in relation to matters under the Privacy Act 1988.

Requests for Information

Members of the public may obtain information about the Authority or advice on how to lodge a request for information under the Freedom of Information Act by contacting:

Manager
Seacare Management Group
Seafarers Safety, Rehabilitation and Compensation Authority

GPO Box 9905
CANBERRA ACT 2601

Phone: (02) 6275 0070
Fax: (02) 6275 0067
Email: seacare@comcare.gov.au

Service Charter

The Seacare Authority agreed to a Service Charter for publication in January 2001. The Service Charter has been updated in harmony with the Government’s Client Service Charter Principles as published by the Department of Finance and Administration in June 2000, as well as to reflect the concerns of those in the maritime industry. Members endorsed the revised Service Charter to commence from 1 July 2001 in May 2001.

The Authority continues to place a high value on meeting the service standards set out in the Charter. In 2004-05, there were no complaints lodged with the Authority or Comcare regarding Authority service standards.

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1.8 Administrative Support

The Authority does not have its own staff. Comcare makes staff available to support the Seacare function, operating from a unit known as the Seacare Management Group (SMG). In 2004-05, there were two SMG staff, with administrative back up provided as required. The SMG, in performing its functions for the Authority, has access to Comcare legal services, financial management services, communication services and related corporate support services. The SMG is responsible for supporting the Seacare Authority and for performing the day to day regulatory functions of the Seacare Authority.

The SMG, under direction of the Authority, is responsible for:

• provision of secretariat, policy and strategic support to the Seacare Authority, and for implementing its decisions;
  
• administering Seacare scheme legislation and monitoring the operation of such legislation;
  
• managing the annual appropriation for supporting the Seacare function;
  
• monitoring, and reporting on, Seacare scheme performance;
  
• preparing an Annual Report to Parliament;
  
• reporting to the Minister;
  
• liaising and communicating with scheme stakeholders and other like regulators; and
  
• promoting the objects of the Seacare scheme, particularly to reduce the human and financial costs of workplace injury in the Australian maritime industry.

1.9 The Portfolio Budget Statement for the Seacare function

The Seacare function is separately identified as an Output in the Portfolio Budget Statements (PBS), issued as part of the annual Commonwealth budgetary process. It forms part of the Comcare Budget Statements. In 2004-05, the Seacare

Output (1.5), identified as ‘Regulation of the Seacare scheme for workers’ compensation, rehabilitation and occupational health and safety’, contributed to the Comcare Outcome ‘Minimise human and financial costs of workplace injury in the Commonwealth jurisdiction’.

1.10 Other reporting requirements

As the Seacare Authority does not have its own staff, the following annual reporting requirements are reported in the Comcare Annual Report 2004-05:

• Corporate governance;
  
• Management of human resources;
  
• Purchasing;
  
• Assets management;
  
• Advertising and market research;
  
• Occupational health and safety; and
  
• Ecologically sustainable development and environmental performance.
  

The Comcare Annual Report 2004-05 is available at www.comcare.gov.au.