Decision by the Seacare Authority to grant Section 20A exemption – invitation to make a submission
2 February 2026
On 22 December 2014, the Federal Court of Australia unanimously decided in the case of Samson Maritime Pty Ltd v Noel Aucote [2014] FCAFC 182 (Samson v Aucote), that sections 19(2)–(4) of the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act) extend the operation of the Seafarers Act.
In March and April 2015, the Seacare Authority issued two exemptions to all employees on ships that were brought under the scheme by virtue of Samson v Aucote. The exemptions do not impact ships that were covered under the Seafarers Act prior to the decision. This exemption has been reissued most recently in 2025 and expire on 23 March 2026.
At its 27 November 2025 meeting, the Seacare Authority agreed to grant this exemption for a further period of 12 months. In making its decision, the Seacare Authority agreed to combine the two existing exemptions into a single exemption with two schedules. See Exemption Certificate - Seacare Authority Schedule 1 and 2 - Multiple Vessels - 2026 (PDF, 250.6 KB)
The Seacare Authority is seeking input from scheme participants on the exemption schedules, specifically if the schedules are accurately identifying vessels. Information on how to make a submission is set out below.
Information specific to each exemption schedule, as well as links to each schedule are set out below.
- the exemption does not automatically exempt all ships listed in the schedules from coverage under the Seafarers Rehabilitation and Compensation Act 1992—ships that were covered before the Federal Court’s decision remain covered even if they appear in the schedules
- ships currently reported to the Seacare Authority through employer reporting processes are not listed in Schedule 1 of the exemptions — See the list for Schedule 1 (PDF, 283.7 KB), and the list for Schedule 2 (PDF, 275.2 KB)
- the exemption takes effect from the date it is signed
- the exemption does not apply to the Occupational Health and Safety (Maritime Industry) Act 1993
Schedule 1 – vessels on the Australian General Register
Schedule 1 of this exemption is taken from the Australian General Register on the Australian Maritime Safety Authority website as at 6 January 2026.
Seacare Schedule 1 – Multiple Vessels – Australian General Register 2026 - extracted 7 January 2026
Schedule 2 – vessels covered under the Domestic Commercial Vessel legislation
Schedule 2 of the exemption is taken from the list of ships that are registered in the states and territories under the Domestic Commercial Vessel legislation as at 7 January 2026.
Invitation to make a submission
The Seacare Authority is seeking submissions from the owners/operators/employers of the ships in Schedule 1 and Schedule 2 by 8.00 pm AEDT on Monday 23 February 2026. These will be considered prior to granting the exemption.
Any owner/operator/employer that would like their ship(s) to be removed from either Schedule 1 or Schedule 2 and be covered under the Seafarers Act should advise the Seacare Authority via a submission. Alternatively, an owner/operator/employer can also make a submission if they have ship(s) not listed in Schedule 1 or Schedule 2 but are concerned that they may be brought into the scheme following Samson v Aucote.
Both Schedules are also available in workbook format – these are available on request.
Submissions can be sent to seacare@comcare.gov.au or:
Section 20A Exemption
Seacare Authority
GPO Box 9905
Canberra ACT 2601.
General information about exemptions under the Seacare scheme is available on the Seacare website under 'Coverage'.
If you wish to discuss the exemption, please contact the Seacare Secretariat via email seacare@comcare.gov.au or phone 02 6275 0070.