Exemption from coverage

How exemptions can be initiated

Exemptions granted by the Seacare Authority can be initiated in two ways:

1. though the own motion of the Seacare Authority, or
2. at the request of an employer or operator.

Exemptions can apply for up to one year from the date they come into effect. A further exemption can be sought to cover an additional period.

Exemption of own motion by the Seacare Authority

List of current exemption and vessel schedules of own motion

There is currently one exemption with two schedules granted at the Seacare Authority’s own motion:

• Exemption - Schedule 1 - Multiple Vessels and Schedule 2 - Domestic Commercial Vessels - 24 March 2025 to 23 March 2026 (PDF, 246.9 KB)
• Seacare Schedule 1 - Multiple Vessel - Australian General Register 2025 (PDF, 4.2 MB)
• Seacare Schedule 2 - Multiple Vessels and Domestic Commercial Vessels - 2025 (PDF, 6.9 MB)

This exemption is a multiple vessel exemption that applies to employment on a large number of ships.

The multiple vessel exemption applies to the Seafarers Act. It does not apply to the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS (MI) Act).

Reason for the multiple vessel exemptions

The multiple vessel exemption clarifies coverage provisions and ensure that employment on a vessel or voyage is not unintentionally brought under the Seacare scheme, particularly without the knowledge of the employer.

In Samson Maritime Pty Ltd v Aucote (Aucote decision), the Full Federal Court held on 22 December 2014 that the Seacare scheme applies to all 'employees', as defined by the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act) of a trading, financial or foreign corporation.

The Aucote decision substantially shifted workers' compensation and work health and safety arrangements in the Australian maritime industry. Ships and employees that were historically considered to be covered by state workers' compensation and work health and safety laws are covered by the Commonwealth Seacare scheme.

In response to the Aucote decision, the Australian Government introduced the Seafarers Rehabilitation and Compensation and Other Legislation Amendment Act 2015 (Amendment Act). The Seacare Authority and Minister also granted declarations and the multiple vessel exemptions, affecting the coverage of the Seacare scheme.

These actions were taken to:

• limit the coverage of the Seacare scheme to what was broadly understood to be the case before the Aucote decision (that the Seacare scheme does not apply to ships engaged in intrastate trade and not engaged in interstate or international trade)
• provide certainty to the maritime industry regarding coverage of schemes.

How to apply the multiple vessel exemption

The multiple vehicle exemption has lists (schedules) of ship names.

If your ship is included in a multiple vessel schedule, this does not automatically mean that employment on this ship is exempt from coverage by the Seafarers Act.

If your ship meets the criteria outlined in the first page of the exemption document, the ship’s employment remains covered by the Seacare scheme. Generally, employees on ships which are engaged in trade or commerce between states (interstate) or within a territory, are covered by the Seacare scheme.

See Who is covered for further guidance. If you are still not sure, you should seek legal advice.

Changing the status of your ship

If your ship is not listed under the multiple vessel exemptions listing and you would like to ensure it is exempted, you can apply for an exemption.

If you believe your vessel is exempted from the Seafarers Act by a multiple vessel exemption and you would like to opt into the scheme, please contact the Seacare Helpdesk on 02 6275 0070 or at seacare@comcare.gov.au.

Employer requests for an exemption

List of current exemptions following an employer request

Exemptions granted by the Seacare Authority following a request by an employer or operator are published in a financial year listing.

This listing is updated each quarter during the current financial year.