About the Seacare scheme and legislation

About the Seacare scheme

Seacare is a national scheme of occupational health and safety (OHS), rehabilitation and workers' compensation arrangements that applies to defined seafaring employees.

In relation to OHS, the scheme also applies to other defined third parties, such as manufacturers and suppliers of plant and substances used on prescribed ships.

See Who is covered for more information about seafaring employees who are covered by this scheme.

Management of the scheme

The scheme and its operations are overseen by the Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority).

The Seacare Authority is comprised of seven members:

• an independent Chairperson
• a Deputy Chairperson
• two employer representatives
• two employee representatives, and
• the Chief Executive Officer of the Australian Maritime Safety Authority (AMSA) (ex-officio).

All appointments are statutory appointments, made by the Minister for Industrial Relations.

For more information, see About the Seacare Authority.

Legislation and regulations

The Seacare scheme comprises a set of legislation.

Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act)

Establishes a workers' compensation and rehabilitation 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).

The Seafarers Act combines income support benefits with rehabilitation requirements and other measures aimed at returning ill and injured employees back to health and work as quickly as possible.

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Establishes the transitional arrangements from the Seamen's Compensation Act 1911 (now repealed) to the Seafarers Act.

Seafarers Rehabilitation and Compensation and Other Legislation Amendment Act 2015 (Amendment Act)
Implements a range of amendments to various Seacare scheme legislation.

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 people employed in the maritime industry, and related purposes, on prescribed vessels and offshore industry mobile units that are engaged in trade or commerce within a Territory, interstate or overseas.

As well as administering the legislation, the Seacare Authority also administers Regulations made under the legislation.