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 (Transitional Provisions and Consequential Amendments) Act 1992  [Transitional Act]
  Establishes the transitional arrangements from the Seamen's Compensation Act 1911 to the Seafarers Act.

• 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.

• Seafarers Rehabilitation and Compensation Levy Collection Act 1992  [Levy Collection Act]
  Establishes the levy collection procedures.

• 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

• Navigation Act 1912
  An Act relating to Navigation and Shipping.

• Seamen's Compensation Act 1911  [repealed] 

Legislative Instruments

Regulations

• Seafarers Rehabilitation and Compensation Regulations 1993  [Seacare Regs]
• Seafarers Rehabilitation and Compensation Levy Regulations 2002  [Levy Regs] 
• Seafarers Rehabilitation and Compensation Levy Collection Regulations 2002  [Levy Collection Regs] 
• Occupational Health and Safety (Maritime Industry) Regulations 1995  [OHS(MI) Regs]
  Sets out requirements under the OHS(MI) Act.
• Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003  [OHS(MI)(NS) Regs] 

Codes of Practice

• Approved Code of Practice for Manual Handling (Maritime Industry)
  Provides practical guidance relating to the identification, assessment and control of risks arising from manual handling activity in a maritime environment.

Ministerial Directions

• Seafarers Safety Rehabilitation and Compensation Directions 2006 (1)
  Ministerial Direction to the Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority) to amend its s20A Exemption Guidelines in relation to workers compensation insurance.

Other Legislative Instruments

• Seafarers Rehabilitation and Compensation Act 1992 - Notice of Declarations and Specifications (25/05/1993)
  This Notice specifies,
  
  • for the purposes of s10(1)(b), diseases and employments related to those diseases;
  • for s44(2), the specified rate is 0.03;
  • for s66(6), where a claimant is receiving weekly payments under s49, the interval between examinations shall not be less than one month;
  • for s130(3), the interest rate is 5%;
  • and for s139(7), laws of states and territories listed are to be classed as ‘specified laws’.

• 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. 

• Guide to the Assessment of the Degree of Permanent Impairment (Second edition)
  Introduces the second edition of the Seafarer's Guide to the Assessment of the Degree of Permanent Impairment.  All injuries that result in a permanent impairment must be assessed according to this Guide.

 

Court and Tribunal Decisions

Decisions relevant to Seacare scheme legislation

• Decisions 1994 – 2010
  

Courts and Tribunals

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

• High Court of Australia
• Federal Court of Australia
• Federal Magistrates Court of Australia
• Compensation Court of NSW  (ceased end 2003)
• Workers Compensation Commission of NSW
• Supreme Court of WA
• Supreme Court of WA - Court of Appeal
• District Court of WA
• Administrative Appeals Tribunal (AAT)
• Australian Industrial Relations Commission (AIRC)

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.