Seacare Guide – Edition 3
An error has been identified in Division 3 of the Seafarers Rehabilitation and Compensation Act 1992 – Guide to the Assessment of the Degree of Permanent Impairment Edition 3.0 (Seacare Guide).
Division 3 of the Guide is used by decision makers to calculate the total amount of lump sum compensation for permanent impairment (PI) and non-economic loss (NEL) under the Seafarers Act.
Step 3 of the worksheet incorrectly applies the whole person impairment (WPI) percentage, instead of the percentage of Part B of the NEL.
Correction
To calculate the total amount of lump sum compensation for PI and NEL use this worksheet.
C1: Worksheet – calculation of total entitlement
| Calculate total whole person impairment entitlement | ||
| Step 1 | Obtain the current indexed maximum amount for permanent impairment under subsection 39(9) of the Seafarers Act (maximum s 39(9) amount) and complete the following calculation: %WPI × (maximum s 39(9) amount) = | $ |
| Step 2 | Obtain the current indexed maximum amount for non-economic loss under subsection 41(2) “Degree of permanent impairment” of the Seafarers Act (maximum s 41(2) “A” amount) and complete the following calculation: %WPI × (maximum s 41(2) "A" amount) = | $ |
| Step 3 | Obtain the current indexed maximum amount for non-economic loss under subsection 41(2) “Degree of non-economic loss” of the Seafarers Act (maximum s 41(2) “B” amount) and complete the following calculation: (%NEL from B6) × (maximum s 41(2) "B" amount) = | $ |
| Step 4 | Add the amounts calculated in Steps 1, 2 and 3 to calculate the total entitlement under sections 39 and 41 of the Seafarers Act: | $ |
Statutory Maximum Amounts for Compensation
Current statutory maximum amounts for PI and NEL compensation are published on the Authority’s website: Statutory rates for compensation - Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority). These amounts are indexed annually on 1 July in accordance with changes in the Consumer Price Index (CPI).
Permanent Impairment Calculator
As an alternative, decision makers may use the Permanent Impairment (PI) Calculator (XLS, 37KB) available on the Comcare website. When using this calculator for Seafarers Act claims:
- Replace references to sections 24 and 27 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) with sections 39 and 41 of the Seafarers Act.
- The maximum statutory amounts for PI and NEL (Part A and Part B) are the same under both schemes.
The calculation error has been identified and recorded in the Comcare PI Issues Register. This issue will be addressed when the Seacare Guide (a legislative instrument) is next remade.
Please contact the Secretariat (seacare@comcare.gov.au) if you have any questions.