No041998
NOTICE TO MARITIME INDUSTRY ORGANISATIONS AND OTHER INTERESTED PARTIES
NOTICE NO 4/1998
PAYMENT OF WEEKLY COMPENSATION BENEFITS TO SEAFARERS INJURED AFTER REACHING THE AGE OF 65 YEARS
Subsections 38(1) and (2) of the Seafarers Rehabilitation and Compensation Act 1992 (the SRC Act) provide as follows:
38.(1) If an employee who has not reached 64 suffers an injury, compensation is not payable under this Division for the injury after the person reaches 65.
(2) If an employee who has reached 64 suffers an injury, compensation is not payable under this Division for the injury after the end of the period of 12 months starting on the day on which the injury happened.
These subsections have been interpreted in the past by a number of employers as meaning that:
- The payment of weekly compensation benefits to a seafarer aged less than 64 years when injured ceases when that seafarer reaches the age of 65.
- The payment of weekly compensation benefits to a seafarer aged between 64 years and 65 years when injured ceases 12 months after the date of the injury.
- Weekly compensation benefits are not payable to a seafarer who is injured after reaching the age of 65 years.
Recent advice from the Australian Government Solicitor indicates that the above interpretation is incorrect in relation to seafarers aged 65 years or over.
The Australian Government Solicitor advises that section 38 of the SRC Act operates so that a seafarer who is aged 64 or over, and who sustains an injury resulting in incapacity for work, is entitled to weekly compensation benefits for a maximum period of 12 months starting on the day on which the injury is sustained. Accordingly, weekly compensation benefits are payable to a seafarer who, after reaching the age of 65 years, sustains an injury resulting in incapacity for work.
Issued: June 1998
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