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2013-2014-2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
SEAFARERS REHABILITATION AND COMPENSATION AND OTHER LEGISLATION
AMENDMENT BILL 2015
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by authority of the Minister for Employment, Senator the Honourable Eric Abetz)
Outline
AMENDMENTS TO THE SEAFARERS REHABILITATION AND COMPENSATION
AND OTHER LEGISLATION AMENDMENT BILL 2015
OUTLINE
The Seafarers Rehabilitation and Compensation and Other Legislation Amendment Bill 2015
(the Bill) will amend the Seafarers Rehabilitation and Compensation Act 1992 (the Seafarers
Act) and the Occupational Health and Safety (Maritime Industry) Act 1993 (the OHS(MI) Act)
to clarify the coverage of these Acts in the light of the Federal Court decision in Samson
Maritime Pty Ltd v Aucote [2014] FCAFC 182, which interpreted the coverage of the Seafarers
Act as being beyond what it previously had been widely understood to be.
The amendments in the Bill to the coverage of the Seafarers Act and the OHS(MI) Act will
commence immediately after the commencement of those Acts (24 June 1993 and 18 July 1994,
respectively). The amendments are not, however, intended to affect claims that have already
been made under the Seafarers Act, including those that have been finalised.
These amendments make a technical change to the application provision in the Bill that is
intended to achieve this aim.
Currently, the application provision states that the amendments to the coverage of the Seafarers
Act do not apply to any injury, loss or damage for which the employee has given notice to their
employer under the Act. There are, however, a broad range of reasons why an employee may
provide notice of an injury to their employer -- such as providing notice under a state or territory
workers' compensation scheme -- that could potentially satisfy this requirement. This would
create large gaps in the application of the amendments, undermining the intention of clarifying
the application of the Seafarers Act.
The application provision will be amended to state that the amendments to the coverage of the
Seafarers Act do not apply to any injury, loss or damage for which the employee has made a
claim under the Act. This will continue to ensure the amendments do not disturb existing and
finalised claims, without the potential uncertainty of the current application provision.
Amendments to the Seafarers Rehabilitation i House of Representatives
and Compensation and Other Legislation
Amendment Bill 2015
Financial Impact Statement
FINANCIAL IMPACT STATEMENT
Nil.
Amendments to the Seafarers Rehabilitation ii House of Representatives
and Compensation and Other Legislation
Amendment Bill 2015
Regulation Impact Statement
REGULATION IMPACT STATEMENT
Nil.
Amendments to the Seafarers Rehabilitation iii House of Representatives
and Compensation and Other Legislation
Amendment Bill 2015
Statement of Compatibility with Human Rights
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendments to the Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015
The amendments to the Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015 (the Bill) are compatible with the human rights and freedoms recognised
or declared in the international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Overview of the amendments
The amendments will amend the Bill to confine the operation of an application provision.
Currently, the application provision, items 5(2) and (3), states that the amendments to the
coverage of the Seafarers Act do not apply to any injury, loss or damage for which the employee
has given notice to their employer under the Act. There are, however, a broad range of reasons
why an employee may provide notice of an injury to their employer -- such as providing notice
under a state or territory workers' compensation scheme -- that could potentially satisfy this
requirement. This would create large gaps in the application of the amendments, undermining the
intention of clarifying the application of the Seafarers Act.
The application provision will be amended to state that the amendments to the coverage of the
Seafarers Act do not apply to any injury, loss or damage for which the employee has made a
claim under the Act. This will continue to ensure the amendments do not disturb existing and
finalised claims, without the potential uncertainty of the current application provision.
Human Rights Implications
These amendments make a technical change to an application of the Bill, to ensure the
amendments have their intended application. The amendments do not affect the substantive
operation of the Bill.
As a consequence, the amendments do not raise any human rights issues that were not addressed
in the original statement of compatibility with human rights for the Bill.
Conclusion
The amendments to the Bill do not engage human rights.
Minister for Employment, Senator the Hon. Eric Abetz
Amendments to the Seafarers Rehabilitation iv House of Representatives
and Compensation and Other Legislation
Amendment Bill 2015
Notes on Amendments
NOTES ON AMENDMENTS
In these notes on amendments, the following abbreviations are used:
Bill Seafarers Rehabilitation and Compensation and Other Legislation
Seafarers Act Amendment Bill 2015
Seafarers Rehabilitation and Compensation Act 1992
Amendments to the Seafarers Rehabilitation 1 House of Representatives
and Compensation and Other Legislation
Amendment Bill 2015
Notes on Amendments
Amendment No. 1 - Schedule 1, item 5, page 4 (line 20)
1. This item removes a cross-reference, consequential on amendment number 2.
Amendment No. 2 - Schedule 1, items 5, page 4 (lines 24 to 31)
2. This item omits sub-items 5(2) and (3) and replaces them with a new sub-item 5(2).
3. Currently, sub-items 5(2) and (3) state that the amendments to the coverage of the
Seafarers Act do not apply to any injury, loss or damage for which the employee has given
notice to their employer under the Act before the Bill was introduced into the House of
Representatives. The intention of these provisions was to ensure that claims that were already
on foot or that had already been determined would not be affected by the amendments to the
coverage of the Seafarers Act.
4. There are, however, a broad range of reasons why an employee may provide notice of
an injury to their employer -- such as an incident notice under work health and safety
law --that could potentially satisfy this requirement. The notice requirement may also
capture anyone who has ever given notice of an injury under a state or territory workers'
compensation scheme. If the amendments did not apply to injuries merely because these
forms of notices had been provided, this would create large gaps in the application of the
amendments, undermining the principle aim of the Bill -- to clarify the application of the
Seafarers Act.
5. The new sub-item 5(2) will provide that the amendments to the coverage of the
Seafarers Act (Part 1 of Schedule 1 to the Bill) do not apply in relation to any injury, loss or
damage for which a claim has been made under section 63 of the Seafarers Act before the
Bill was introduced into the House of Representatives. This will include both claims that are
being finalised and claims which are still being determined.
Amendments to the Seafarers Rehabilitation 2 House of Representatives
and Compensation and Other Legislation
Amendment Bill 2015
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