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Legislation, Legislative Instruments and Court and Tribunal Decisions

Legislation

  • Seafarers Rehabilitation and Compensation Act 1992  [Seafarers Act]
    Establishes a rehabilitation and workers' compensation scheme for seafarers employed on certain ships engaged in trade or commerce within a Territory, interstate or overseas, and on other vessels declared by the Australian Maritime Safety Authority (AMSA).
  • Seafarers Rehabilitation and Compensation Levy Act 1992  [Levy Act]
    Provides for a levy to be collected to support the Seafarers Safety Net Fund. The Safety Net Fund stands in the place of an employer where there is no employer against whom a seafarer can make a compensation claim.
  • Occupational Health and Safety (Maritime Industry) Act 1993  [OHS(MI) Act)]
    Provides an OHS regime to promote the occupational health and safety of persons employed in the maritime industry, and for related purposes, employed on prescribed vessels and offshore industry mobile units that are engaged in trade or commerce within a Territory, interstate or overseas.

Related Legislation


Legislative Instruments

Regulations

Codes of Practice

  • Seacare Authority Code of Practice 1/2000
    Provides guidance to employers and seafarers etc to assist them to carry out their roles and meet their obligations under the Occupational Health and Safety (Maritime Industry) Act 1993. This Code of Practice incorporates the following:
    • The Australian Offshore Support Vessel Code of Safe Working Practice
      Provides guidance to operators, managers / superintendents of offshore installations, masters and owners of offshore support vessels, so as to avoid or reduce to a minimum the hazards which affect offshore vessels in their daily interface with both offshore and onshore installations.
    • The Code of Safe Working Practice for Australian Seafarers
      Provides practical guidance on health and safety in shipboard work with a view to:
      • preventing accidents, diseases and other harmful effects on the health of seafarers arising from employment on board ships at sea and in port;
      • ensuring that the responsibility for health and safety is understood and remains a priority for all concerned with maritime transport, including governments, shipowners and seafarers; and
      • promoting consultation and cooperation among government agencies, shipowner organisations and maritime unions in the improvement of health and safety on board ships.
    • The Seacare Authority Code of Practice 1/2000 also provides guidance in the implementation of the provisions of the Prevention of Occupational Accidents to Employees Convention, 1970 (No 134), and Recommendation, 1970 (No 142), as well as other relevant ILO Conventions and Recommendations.

Ministerial Directions

Other Legislative Instruments

  • Seafarers Rehabilitation and Compensation Act 1992 - Seacare Authority Notice No. 1 of 1997
    This Notice announces,
    • for subsections 66(4B) and 83A(5), the rate of 30 cents per kilometre is specified [Note: This part of the Notice has been rescinded by subsequent Ministerial Notices increasing the kilometre rate]; and
    • for subsection 83A(9), where a claimant has requested an employer reconsider their determination, a claimant must not be required to undergo a medical examination by the same medical practitioner more than one a month.

  • Seafarers Rehabilitation and Compensation (Specified Rate per Kilometre) Notice 2008 (1)
    Sets the current rate payable for the purposes of paragraphs 28(6A)(b), 49(6B)(b) and 50(2B)(b) and subsections 66(4B) and 83A(5) of the Seafarers Act and provides a list of rates applicable in previous periods.  This notice consolidates a number of earlier notices made under paragraphs 28(6A)(b), 49(6B)(b) and subsections 66(4B) and 83A(5) of the Seafarers Act. 


Court and Tribunal Decisions

Decisions relevant to Seacare scheme legislation

Courts and Tribunals

The cases listed have been dealt with by the following courts and tribunals:

Copies of judgments and decisions can be accessed using the above links or from the AustLII website www.austlii.edu.au/au

Please Note: Each of the above links is maintained by the named organisation.  No guarantee can therefore be given as to the accuracy of the information provided.

 

  



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