Seacare - No021997

NOTICE TO MARITIME INDUSTRY ORGANISATIONS

AND OTHER INTERESTED PARTIES

NOTICE NO 2/1997

MARINE PERSONNEL LEGISLATION AMENDMENT ACT 1997

The Marine Personnel Legislation Amendment Act 1997 (Act No 10 of 1997) received Royal Assent and came into operation on 8 March 1997. The Act amends both the Seafarers Rehabilitation and Compensation Act 1992 (the SRC Act) and the Occupational Health and Safety (Maritime Industry) Act 1993. A summary of the amendments is attached. The more significant amendments are:

the provision for the Seacare Authority to exempt specified employees on a specified ship from the requirements of the SRC Act. The Authority has decided that a ship that normally operates within a single State or Territory will generally be granted an exemption for a single voyage (including a delivery voyage) or a round trip to another State or Territory. The granting of an exemption for such a voyage will be conditional on all seafarers on the ship being covered by the workers compensation scheme of a State or Territory for the whole of the voyage in respect of which the exemption is granted.

The Seacare Authority is in the process of developing detailed guidelines to indicate to operators when an exemption might be granted. As well as referring to ships making occasional interstate voyages, those guidelines will refer to locally engaged crew on overseas-based ships.

Even though guidelines for exemptions have not yet been developed, operators may apply for an exemption. An application for an exemption should include at least the following:

(a) the name of the ship;

(b) details of the journey (in the case of a single journey,

departure port and arrival port and approximate dates of the

journey will generally be sufficient);

(ie, is it the whole crew or is it specified members of the crew);

and

(d) details of the workers compensation coverage for those seafarers.

the provision, in a new section 139A, that State or Territory workers’ compensation laws do not apply where the SRC Act applies. The new section is intended to preclude forum shopping because seafarers will have no entitlement to benefits under State or Territory legislation if they would be entitled to benefits under the SRC Act. It is also intended that States and Territories will not be able to require the payment of workers’ compensation premiums where the SRC Act applies.

an increase from 12 days to 30 days in the time limit that applies to the consideration of a claim for permanent impairment and an increase from 35 days to 60 days in the time limit that applies to the reconsideration of a claim. This is offset by the suspension of the time limit while waiting for further information or documents from the claimant rather than, as previously, the time limit starting again once that information is provided. The revised time limits apply only to claims for compensation or requests for reconsideration received by employers on or after 8 March 1997.

the application of both Acts is extended so they apply to employment on prescribed ships travelling between two places outside Australia.

Copies of the Marine Personnel Legislation Amendment Act 1997 will be available for purchase from Commonwealth Government Bookshops.

Issued: March 1997

For all enquiries in respect of this notice please contact the Seafarers Safety, Rehabilitation and Compensation Authority on (02) 6121 7120, or alternatively by e-mail at seacare@comcare.gov.au .

Marine Personnel Legislation Amendment Act 1997

Amendments to the Seafarers Rehabilitation and Compensation Act 1992

Schedule 1 of the Act amends the SRC Act. In summary, those amendments:

extend the application provision to apply the SRC Act to Australian vessels trading between two places outside Australia2222provide that the employment of specified employees on a specified ship may be exempted from the requirements of the SRC Act
amend requirements relating to approved insurers to enable an employer's liabilities under the SRC Act to be indemnified by an employers' mutual indemnity association
provide that State and Territory stamp duty is not payable on insurance policies issued in respect of employer liabilities under the SRC Act
clarify the meaning of “employer” in respect of liabilities arising outside the Act
provide that State and Territory workers compensation insurance is not required to be taken out in respect of employees covered by the SRC Act
provide that workers covered by the SRC Act are not entitled to benefits under State or Territory workers’ compensation schemes
provide that the Chief Executive Officer of the Australian Maritime Safety Authority is ex officio a member of the Seacare Authority rather than having to be appointed by the Minister
provide that the time limit for determining claims for permanent impairment be increased from 12 days to 30 days
increase the time limit in which a redetermination of a decision must be completed from 35 days to 60 days
provide that an employee may give an employer consent to obtain documents or information directly, rather than the employee obtaining the documents or information and then passing them on to the employer
provide for the suspension of the time limit where an employer is waiting for information from an employee necessary for the determination or redetermination of a claim
improve the administrative arrangements associated with the granting of extensions of time for the determination and redetermination of claims
enable an employer to require an injured employee to undergo a medical examination where a claim is being reconsidered
include a formula for determining the amount of travel costs to be reimbursed to an employee who has been required to undergo a medical examination as part of the original determination of a claim
limit an employer’s liability for travel costs for on-going medical examinations and rehabilitation if an injured employee departs Australia
remove anomalous references to ships declared under sections 8A and 8AA of the Navigation Act 1912 from the definition of “prescribed ship”
provide that compensation is not payable for injuries occurring within the boundaries of a person’s place of residence
make minor amendments consequent upon changes to the Administrative Appeals Tribunal Act 1975
correct minor punctuation, drafting and typographical errors and inconsistencies.

Amendments to the Occupational Health and Safety (Maritime Industry) Act 1993

Schedule 2 of the Act amends the OH&S(MI) Act. In summary, those amendments:

extend the application provision to apply the OH&S(MI) Act to Australian vessels trading between two places outside Australia
amend the definition of “operator” to clarify the meaning of the term
remove anomalous references to ships declared under sections 8A and 8AA of the Navigation Act 1912 from the definition of “prescribed ship”
provide that the Minister may approve codes of practice prepared by a body other than the Seacare Authority
include a specific power to provide that the regulations may prescribe penalties of up to 10 penalty units.
correct minor punctuation, drafting and typographical errors and inconsistencies.