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Seamen's Compensation Act 1911-1973

LAWS OF NAURU

SEAMEN'S COMPENSATION ACT 1911-1973

TABLE OF PROVISIONS

Section

1. Short title
2. Commencement
3. Interpretation
4 Application of Act
5. Compensation for personal injuries to seamen
5AA. Injury while travelling to or from work
5A. Medical benefits
5B. Compensation for certain injuries
5C. Compensation in respect of death or incapacity of seaman through disease due to employment
5D. Maximum compensation
6. Time for taking proceedings
7. Sub-contracting
8. Provisions as to cases of insolvency of employer
9. Compensation to be paid in full
10. Remedies both against the employer and a stranger
10A. Liability of employer independently of this Act
11. Depositions where injured seaman left overseas
12. Evidence of loss of ship
13. Detention of ship
14. Medical referees
15. Remuneration of arbitrator appointed by County Court
16. Returns as to compensation
17. Regulations

SCHEDULES

FIRST SCHEDULE

Scale and Conditions of Compensation

SECOND SCHEDULE

Proceedings for Compensation

THIRD SCHEDULE

Part I

Injuries in respect of which the Amount of Compensation Specified in Section 5B (1) is Payable

Part II

Injuries in respect of which a Percentage of the Amount of Compensation Specified in Section 5B (1) is Payable

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SEAMEN'S COMPENSATION ACT 1911-1973

An Act relating to Compensation to Seamen for injuries suffered in the course of their employment.

Short title.
Short title amended;
No. 32, 1918, s.2.

1. This Act may be cited as the Seamen's Compensation Act 1911-1973.¹

Commencement.

2. This Act shall commence on a day to be fixed by proclamation.¹

Interpretation.
Substituted by No. 7, 1949, s.3
Sub-section (1) amended by
No. 10, 1953, s.2;
No. 67, 1960, s. 2;
No. 97, 1967, s.3; and
No. 216, 1973, s.3

3. (1) In this Act, unless the contrary intention appears –

"ambulance services" includes conveyance by any form of transport to a medical practitioner or to a hospital;

"County Court" means a County Court, District Court or Local Court of any State, or any Court exercising in any part of the Commonwealth a limited civil jurisdiction and presided over by a judge or a police, stipendiary or special magistrate;

"delivery voyage", in relation to a ship, means a voyage of the ship between two ports one of which is in Australia and the other of which is in another country, being a voyage undertaken wholly or principally for the purpose of delivering or moving the ship to the port of destination;

"dependant", in relation to a deceased seaman, means –

(a) a member of the seaman's family;

(b) a person to whom the seaman stood in loco parentis or who stood in loco parentis to the seaman;

(c) any ex-nuptial child or grand-child of the seaman; and

(d) if the seaman was an ex-nuptial child, any parent or grand-parent of the seaman,

who was wholly or in part dependent upon his earnings at the date of his death or who would, but for his incapacity due to the injury, have been so dependent;

"disease" includes any physic or mental ailment, disorder, defect or morbid condition, whether of sudden or gradual development, and also includes the aggravation or acceleration of a disease and the recurrence of pre-existing disease;

"employer" includes the Crow (whether in right of the Commonwealth or of a State), any authority constituted by or under the law of the Commonwealth or of a State or Territory, any body of persons (whether corporate or unincorporate) and the legal personal representative of a deceased employer;

"injury" means any physical or mental injury and includes the aggravation or acceleration of an injury and the recurrence of a pre-existing injury;

"Judge of a County Court" includes the Judge of a County Court, District Court or Local Court and also any police, stipendiary or special magistrate presiding, or having jurisdiction to preside, over a County Court as defined by this Act;

"medical treatment" means –

(a) medical or surgical treatment by a duly qualified medical practitioner;

(b) treatment by a registered dentist, a registered physiotherapist or a registered masseur;

(c) the provision of skiagrams, crutches, artificial members and artificial replacements;

(d) treatment and maintenance as a patient at a hospital; or

(e) nursing attendance, medicines, medical and surgical supplies and curative apparatus supplied or provided in a hospital or otherwise;

"member of the family", in relation to a seaman, means the wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, adopted child, mother-in-law or any woman who for not less than three years immediately prior to his death or incapacity was wholly or mainly maintained by the seaman and who, although not legally married to him, lived with him as his wife on a permanent and bona fide domestic basis and who, at the date of his death or incapacity, is maintaining one or more children under sixteen years of age or is not less than fifty years of age;

"port" includes place and harbour;

"seaman" means a master, mate, engineer, radio officer, apprentice, pilot or other person employed or engaged in any capacity on board a ship in connexion with the navigation or working of the ship;

"ship" includes every vessel used in navigation not ordinarily propelled by oars;

"vessel" means any ship or boat and includes any vessel of any other description used for any purpose on the sea or in navigation.

(2) Any reference to a seaman who has been injured shall, where the seaman has died as the result of he injury, include a reference to his legal personal representative or to his dependants or other person to whom or for whose benefit compensation is payable.

(3) In the application of the provisions of this Act to and in relation to a seaman to whom section five C of this Act applies, any reference in those provisions to a personal injury by accident arising out of or in the course of a seaman's employment shall be read as including a reference to a disease due to the nature of the employment in which the seaman was engaged.

(4) Where a person with whom seaman has entered into a contract of service or apprenticeship temporarily lends or lets on hire the services of the seaman to another person, the first-mentioned person shall, for the purposes of this Act, be deemed to continue to be the employer of the seaman while he is working for that other person.

(5) For the purposes of sections five AA, six, seven, eight, ten, eleven, thirteen and sixteen of this Act, "Compensation" includes a payment under section five A of this Act. Added by No. 10, 1953, s.2.

(6) Where a person has been engaged in Australia for employment as a seaman for the purpose of a delivery voyage –

(a) he shall, for the purposes of the application of this Act to or in relation to employment in pursuance of that engagement, be deemed to be a seaman from the time of that engagement; and

(b) any employment of that person in pursuance of that engagement before he joins the ship shall, for the purposes of this Act, be deemed to be employment for the purposes of that delivery voyage. Added by No. 67, 1960, s.2.

Application of Act.
Substituted by No.67, 1960, s.3.
Sub-section (1) amended by No. 216, 1973, s.3.

4.² (1) This Act applies in relation to –

(a) the employment of seamen on a ship registered in Australia –

(i) that is engaged in trade and commerce with other countries or among the States, or among the States or, between a State or a Territory forming part of the Commonwealth and a Territory (whether forming part of the Commonwealth or not); or

(ii) that is within the territorial waters of a Territory forming part of the Commonwealth, or whose first port of clearance and whose port f destination are in such a territory;

(b) the employment, under articles of agreement entered into in Australia, of seamen on a ship not registered in Australia (whether British or not) that is engaged in trade and commerce among the States, or between a State and a Territory forming part of the Commonwealth, in pursuance of a licence granted under Part VI of the Navigation Act 1912-1958; and

(c) the employment of seamen for the purposes of a delivery voyage of a ship (whether British or not and, if British, whether registered in Australia or not), being seamen engaged in Australia (whether or not under articles of agreement entered into in Australia) upon terms entitling them to, or to payment in respect of the cost of, transport from or to Australia for the purpose of joining the ship, or after leaving the ship.

(2) The last preceding sub-section shall not be construed as being subject to any territorial limitation that is not expressed in that sub-section.

Compensation for personal injuries to seaman.
Cf. 6 Edw. 7, ch. 58, s. 1.
Sub-section (1) amended by
No. 7, 1949, s. 4.

5. (1) If personal injury by accident arising out of or in the course of the employment is caused to a seaman, his employer shall, subject to this Act, be liable to pay compensation in accordance with the First Schedule to this Act.

(2) Provided that -

(a) the employer shall not be liable under this Act in respect of any injury which does not disable the seaman from earning full wages;

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(c) if it is proved that the injury to a seaman is attributable to his serious and wilful misconduct, any compensation claimed in respect of that injury shal1, unless the injury results in death or serious and permanent disablement, be disallowed;

(d) in the case of the death of a seaman leaving no dependants, no compensation shall be payable under this Act if the owner of the ship is under any Act, Imperial Act, or State Act liable to pay the expenses of burial; Cf. 6 Edw. 7, ch. 58. s.7(1) (d)

(e) if it appears that the claimant has a claim for compensation for the injury under any law of the United Kingdom or of any other part of the King's Dominions or of any foreign country, compensation under this Act shall only be allowed upon the claimant undertaking not to claim compensation for the injury under any such law. Amended by No. 18, 1947, s.3; and No.7, 1949, s.4.

(3) If any question arises, in any proceedings under this Act, as to the liability to pay compensation under this Act (including any question as to whether the person injured is a seaman to whom this Act applies), or as to the amount or duration of compensation under this Act, the question, if not settled by agreement, shall, subject to the provisions of the First Schedule to this Act, be settled by arbitration, in accordance with the Second Schedule to this Act, or by proceedings in a County Court.

(4) Any undertaking given in pursuance of paragraph (e) of sub-section (2) of this section shall have effect as a contract between the claimant and the person from whom the compensation is claimed.

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Sub-section (5) omitted by No. 10, 1953, s.3.

(6) Where a dependant die before a claim under this Act is made, or, if a claim has been made, before an agreement or award has been arrived at or made, the legal personal representative of the dependant shall have no .right to payment of compensation, and the amount of compensation shall be calculated and apportioned as if that dependant had died before the seaman. Added by No. 18, 1947, s.3.

Injury while travelling to or from work.
Substituted by No. 10, 1953, s.4.

5AA. (1) Where personal injury by accident is caused to a seaman –

(a) while he is travelling to or from his employment;

(b) while he is travelling to or from a Mercantile Marine Office for a reason connected with his employment; or

(c) while he is travelling to or from a place where it is necessary for him to attend for the purpose of obtaining a medical certificate in respect of a previous injury in respect of which compensation is payable under this Act, or for the purpose of receiving, in respect of such an injury, medical treatment or compensation,

his employer shall, subject to this Act, be liable to pay compensation in accordance with this Act as if the accident were an accident arising out of or in the course of his employment.

(2) For the purposes of this section, a seaman shall be deemed to be travelling on a particular journey –

(a) while he is traveling by the shortest convenient route for the journey, without having interrupted the journey or deviated from that route; or

(b) during an interruption of the journey or a deviation from the shortest convenient route for the journey, or while he is traveling by the shortest convenient route after such an interruption or deviation, if-

(i) the interruption or deviation is or was made for a reason connected with the seaman's employment, his attendance at the Mercantile Marine Office, his obtaining the certificate or his receiving the medical treatment or compensation, as the case may be;

(ii) the interruption or deviation is or was not substantial; or

(iii) the nature, extent, degree and content of the risk of personal injury by accident are or were not materially changed or increased by reason of the interruption or deviation,

and not otherwise.

Medical benefits.
Inserted by No.56, 1938, s.4.

Sub-section (1) amended by
No.18, 1947, s. 5;
No.7, 1949, s.6;
No. 10 1953, s.5;
No.16, 1954, s.3;
No.99 1959, s. 3;
No. 102, 1964, s.3;
No.97, 1967, s.4; and
No. 216, 1973, s.3.

5A. (1) Where any compensation is payable by the employer under this Act to, or in respect of, a seaman, or where a seaman suffers injury or disease in circumstances which compensation would be payable under this Act but for the fact that the seaman is not rendered incapable of earning full wages or but for the operation of clause (i) or (ii) of sub-paragraph (b) of paragraph (2), of paragraph (4) or of paragraph (4A) of the First Schedule to this Act, the employer shall pay the cost, not exceeding in any case One thousand dollars, of such medical treatment and ambulance services relation to the injury, or disease, as the case may be, as are, in the opinion of the Minister, reasonably necessary:

Provided that an employer shall not be liable to pay the cost of medical treatment and ambulance services both independently of and also under this section:

Provided also that if the seaman is left on shore at any port and there is a public hospital at or convenient to that port and the seaman elects to be treated elsewhere than in that hospital, the liability of the employer in respect of the cost of medical treatment and ambulance services shall be limited to the amount that would be payable for the treatment and services if the seaman were treated as an in-patient of that hospital or the sum of One thousand dollars, whichever is the less:

Provided also that, where, in the opinion of the Minister, the exceptional circumstances of any case warrant payment of an amount in excess of One thousand dollars, the employer shall be liable to pay such amount in excess of One thousand dollars as appears to the Minister to be reasonable in those circumstances.

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Sub-section (2) omitted by No. 10, 1953, s.5.

Compensation for certain injuries.
Inserted by No.56, 1938, s.4.

Sub-section (1) substituted by
No. 97, 1967, s.5; amended by
No. 49, 1970, s.3;
No.52 1971, s.3; and
No. 124, 1972, s.3.

5B. (1) Subject to this Act, where a seaman sustains, by accident arising out of or in the course of his employment, any of the injuries specified in Part I of the Third Schedule to this Act, the compensation payable under this Act shall, when the injury results in incapacity other than total and permanent incapacity for work, be the amount of Fourteen thousand five hundred dollars.

(1AA) Subject to this Act, where a seaman sustains, by accident arising out of or in the course of his employment, any of the injuries specified in the first column of Part II of the Third Schedule to this Act, the compensation payable under this Act shall, when the injury results in incapacity other than total and permanent incapacity for work, be the amount equal to such percentage of the amount specified in the last preceding sub-section as is specified in the second column of that Part opposite the specification of the injury in the first column. Inserted by No.97, 1967, s. 5.

(1A) Upon payment of an amount under this section the seaman shall not be entitled to any payment in accordance with sub-paragraph (b) or sub-paragraph (c) of paragraph (1) of the First Schedule to this Act in respect of a period of incapacity for work resulting from the injury, but the amount payable under this section shall not be subject to any deduction in respect of any amount previously paid to the seaman in accordance with either of those sub-paragraphs. Inserted by No. 7, 1949, s. 7.

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Sub-section (2) omitted by No. 52, 1971, s .3.

(3) Where a seaman sustains an injury which causes the loss of the sight of both eyes or of an only useful eye, any compensation previously paid under this Act in respect of loss of sight shall be deducted from the compensation payable under this section. Added by No. 18, 1947, s .6.

(4) Where a seaman sustains an injury which causes partial and permanent loss of the sight of one eye, there shall be payable an amount of compensation equivalent to such percentage of the amount of compensation payable under this section respect of the loss of the sight of one eye as is equal to the percentage o the diminution of sight. Added by No.18, 1947, s .6.

(5) Where a seaman sustains an injury which causes partial and permanent loss of the efficient use, in and for the purposes of his employment at the date of the injury, of part of the body (other than an eye) specified in the Third Schedule to this Act, there shall be payable an amount of compensation equivalent to such percentage of the amount of compensation payable under this section in respect of the loss of that part as is equal to the percentage of the diminution of the efficient use of that part. Added by No.18, 1947, s.6.

(6) For the purposes of this section and of the Third Schedule to this Act, the loss of a part of the body shall be deemed to include –

(a) the permanent loss of the use of that part; and

(b) the permanent loss of the efficient use of that part in and for the purposes of his employment at the date of the injury. Added by No.18, 1947, s.6.

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Sub-section(2) omitted by No. 52, 1971, s. 3.

Compensation in respect of death or incapacity of seaman through disease due to employment.
Inserted by No. 56, 1938, .4

Sub-section (1) substituted by No.7, 1949, s.8.

5C. (1) Where -

(a) a seaman is suffering from a disease and is thereby incapacitated for work; or

(b) the death of seaman is caused by a disease,

and the disease is due to the nature of the employment in which the seaman was engaged, the employer shall, subject to this Act, be liable to pay compensation in accordance with this Act as if the disease were a personal injury by accident arising out of or in the course of the seaman's employment.

(2) A claimant for compensation under this section shall if so required furnish to the employer from whom compensation is claimed any information in his possession as to the names and addresses of all the other employers by whom the seaman was employed prior to the date of incapacity or death. Amended by No. 7, 1949, s.8.

(3) If the disease is of such nature that it is contracted by a gradual process, any other employers who, prior to the seaman's incapacity, employed the seaman in any employment which caused or contributed towards the contraction of the disease, shall be liable to make to the employer from whom compensation is recoverable such contributions (not exceeding the maximum amounts prescribed under the First Schedule to this Act) as, in default of agreement, are settled by arbitration, in accordance with the Second Schedule to this Act, or by proceedings in a County Court. Amended by No. 7, 1949, s.8.

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Sub-section (4) omitted by No. 7, 1949, s.8

Maximum Compensation.
Substituted by No. 7, 1949, s.9.

Sub-section (1) amended by
No. 10, 1953 s.6;
No. 16, 1954, s 4;
No. 99, 1959, s. 4;
No.102, 1964, s4;
No. 97, 1967, s. 6;
No. 49, 1970, s. 4
No. 52, 1971 s.4 and
No. 124, 1972, s.4.

5D. (1) Notwithstanding anything contained in this Act, the amount of compensation payable in respect of an injury or injuries caused by any one accident shall not, except as provided by this section, exceed Fourteen thousand five hundred dollars.

(2) Where an injury results in the death or the total and permanent incapacity of the seaman for work, sub-section (1) of this section shall not apply to limit the total amount of compensation payable under this Act.

(3) In the application of sub-section (1) of this section in relation to the total amount of compensation payable to a seaman under section five B of this Act, the total amount of any compensation paid to the seaman in accordance with the First Schedule to this Act before payment to him of the amounts specified in the Third Schedule to this Act shall be disregarded.

Time for taking Proceedings.

6. (1) Proceedings for the recovery under this Act of compensation for an injury shall not be maintainable unless notice of the accident has been given as soon as practicable after it has happened, and before the seaman has voluntarily left the employment in which he was injured, and unless the claim for compensation as been made –

(a) within six months from the occurrence of the accident, or,

(b) in case of death – within six months after news of the death has been received by the claimant, or,

(c) in the case of a ship lost with all hands – within eighteen months after the date when she is deemed under section twelve of this Act to have been lost with all hands. Cf. 6 Edw. 7, Ch. 58, s. 2.

Provided always that -

(a) where the accident happened and the incapacity commenced on board the ship, it shall not be necessary to give any notice of the accident; Cf. 6 Edw. 7, Ch. 58, s.7 (1) (a).

(b) the want of or any defect or inaccuracy in the notice shall not be a bar to the maintenance of proceedings if it is found, in the proceedings for settling the claim, that the employer is not, or would not, if a notice or an amended notice were then given and the hearing postponed, be prejudiced in his defence by the want, defect, or inaccuracy, or that the want, defect, or inaccuracy was occasioned by mistake, absence from Australia, or other reasonable cause; and

(c) the failure to make a claim within the period above specified shall not be a bar to the maintenance of proceedings if it is found that the failure was occasioned by mistake, absence from Australia, or other reasonable cause.

(2) Notice in respect of an injury under this Act shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date at which the accident happened, and shall be served on the employer, or, if, there is more than one employer, upon one of the employers.

(3) The notice may be served by delivering it to the person on whom it is to be served, or by sending it by post in a registered letter addressed to him at his residence or place of business.

(4) Where the employer is a body of persons, corporate or unincorporate, the notice may be served by delivering it at the office or one of the offices of the employer, or by sending it by post in a registered letter addressed to the employer at one of the offices of the employer.

(5) The notice of accident and the claim for compensation may be served on the master of the ship on which the seaman was employed or engaged at the time of the accident as if the master were the employer. Substituted by No. 10, 1953, s.7

(6) In the application of this section, in accordance with section five C, and sub-section (3) of section three, of this Act, in relation to a claim in respect of a seaman who is suffering from a disease or whose death has been caused by a disease- Added by No. 99, 1959, s.5.

(a) notice of the accident shall be deemed to have been given in accordance with the provisions of sub-section (1) of this section if notice of the contracting of the disease was given to the employer –

(i) in the case of a claim arising out of the death of the seaman caused by the disease – as soon as practicable after his death; or

(ii) in any other case – as soon as practicable after the seaman first became aware that he was suffering from the disease or, if he died without having become so aware, as soon as practicable after his death;

(b) a claim for compensation shall be deemed to have been made within the period required by sub-section (1) of this section if the claim was made –

(i) in the case of a claim arising out of the death of the seaman caused by the disease – within six months after news of the death was received by the claimant; or

(ii) in any other case – within six months after the seaman first became aware that he was suffering from the disease or, if he died without having become so aware, within six months after his death;

(c) paragraph (a) of the proviso to sub-section (1) of this section shall not apply;

(d) a notice shall, or the purposes of sub-section (2) of this section, be deemed to contain the date at which the accident happened if it specifies the date at which, or period during which, the seaman contracted the disease;

(e) a notice referred to in sub-section (2) of this section shall be deemed to have been duly served if it was served, in accordance with this section, on the employer by whom the seaman was employed in employment to the nature of which the disease was due or, if he was so employed by more than one employer, on the employer by whom he was last so employed; and

(f) a notice or claim shall be deemed to have been duly served in accordance with the last preceding sub-section if it was served on the master of the ship on which the seaman was engaged in employment to the nature of which the disease was due or, if he was so engaged on more than one ship, on the master of the ship on which he was last so engaged.

Sub-contracting.

7. (1) Where any person (in this section referred to as the principal) in the course of or for the purposes of his trade or business, contracts with any other person (in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any seaman employed in the execution of the work any compensation under this Act which he would have been liable to pay if that seaman had been immediately employed by him; and where compensation is claimed from or proceedings are taken against the principal, then in the application of this Act, references to the principal shall be substituted for references to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the seaman under the employer by whom he is immediately employed. Cf. 6 Edw. 7, ch. 58, s.4.

(2) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by any person who would have been liable to pay compensation to the seaman independently of this section, and all questions as to the right to and amount of any such indemnity shall in default of agreement be settled by arbitration under this Act, or by action in any County Court.

(3) Nothing in this section shall be construed as preventing a seaman recovering compensation under this Act from the contractor instead of the principal.

Provisions as to cases of insolvency of employer.

8. (1) Where any employer has entered into a contract with any insurers in respect of any liability under this Act to any seaman, then, in the event of the employer becoming bankrupt, or making a composition or arrangement with his creditors, or the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in the laws relating to bankruptcy, and the winding up of companies, be transferred to and vested in the seaman, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, but so that the insurers shall not be under any greater liability to the seaman than they would have been under to the employer. Cf. 6 Edw. 7, ch. 58, s.5

(2) If the liability of the insurers to the seaman is less than the liability of the employer to the seaman, the seaman may prove for the balance in the bankruptcy or liquidation.

(3) There shall be included among the debts which are in the distribution of the property of a bankrupt and in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation the liability wherefor accrued before the date of the sequestration order (or any other order corresponding thereto or having the like effect) or the date of the commencement of the winding up and the provisions of any laws relating to preferential payments in relation to bankruptcy and the winding up of companies shall have effect accordingly. Where the compensation is a weekly payment, the amount due in respect thereof shall, for the purposes of this provision, be taken to be the amount of the lump sum for which the weekly payment could, if redeemable, be redeemed if the employer made an application for that purpose under the First Schedule to this Act.

(4) The provisions of this section with respect to preferences and priorities shall not apply where the bankrupt or the company being wound up has entered into such a contract with insurers as aforesaid.

(5) This section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company.

Compensation to be paid in full.

9. Subject to this Act, compensation shall be paid in full in all cases, notwithstanding any limitation of liability in any other law; but any limitation of a shipowner's liability imposed by any other law shall apply to the amount recoverable by way of indemnity under the section of this Act relating to remedies both against employer and stranger, as if the indemnity were damages for loss of life or personal injury. Cf. 6 Edw. 7, ch. 58, s. 7(1)(f)

Remedies both against the employer and a stranger.
Substituted by No. 7, 1949, s.10.
No. 10, 1953, s.8.

10. (1) Where an injury in respect of which compensation is payable under this Act is caused under circumstances which create, or appear to create, a legal liability in some person other than the employer to pay damages in respect of the injury (which other person is in this section referred to as "the third party"), the provisions of this section shall apply.

(2) The seaman may take proceedings both against the third party to recover damages and against the employer for compensation. Amended by

(3) The employer may request the seaman to take proceedings against the third party and, where the seaman takes such proceedings at the request of the employer, the proceedings shall be conducted on the seaman's behalf at the expense of the employer, but the seaman shall pay to the employer the amount of any costs received by the seaman from the third party in respect of the proceedings.

(4) Where the seaman receives both compensation under this Act and damages from the third party, the seaman shall repay to the employer such amount of the compensation as does not exceed the amount of damages recovered from the third party.

(5) Upon notice to the third party, the employer shall have a first charge on moneys payable by the third party to the seaman to the extent of any compensation which the employer has paid to the seaman under this Act. Amended by No. 10, 1953, s.8.

(6) Where the seaman has received compensation under this Act, but no damages or less than the full amount of damages to which he is entitled, the third party shall be liable to indemnify the employer against so much of the compensation paid to the seaman as does not exceed the damages for which the third party is liable.

(7) Payment of money by the third party to the employer under the last preceding sub-section shall, to the extent of the amount paid, be a satisfaction of the liability of the third party to the seaman.

(8) All questions as to the right to and amount of any indemnity for which a third party is liable under this section shall, in default of agreement, be settled by action or, by consent of the parties, by arbitration under this Act.

Liability of employer independently of this Act.

10A. (1) Except as provided by this Act, a seaman shall not be entitled, in respect of personal injury by accident arising out of or in the employer course of his employment, to receive compensation or any payment by way of compensation from the employer both independently of and under this Act. Inserted by No. 7, 19 9, s. 10.

(2) Where personal injury is caused to a seaman in circumstances which create, or appear to create, a legal liability in the employer to pay damages in respect of the injury and the seaman has received compensation under this Act, the seaman shall not be entitled to take proceedings against the employer to recover damages unless he commences those proceedings within twelve months after the date upon which he received payment, or the first payment, of compensation under this Act.

(3) A seaman who recovers damages from an employer in respect of an injury shall not be entitled to compensation or any payment under this Act in respect of the same injury and any sum received by him under this Act in respect of that injury prior to the award of the damages shall be deducted from the amount of the damages recoverable from the employer.

Depositions where injured seaman left overseas.

Substituted by No. 99, 1959, s.6.

11. (1) Where -

(a) an injured seaman has been discharged from a ship at a port outside Australia or has been left on shore at such a port;

(b) depositions as to the circumstances and nature of the injury have been taken –

(i) if the port is in a Commonwealth country or in the Republic of Ireland – before a judge or magistrate; or

(ii) if the port is in any other country – before a diplomatic or consular representative of Australia or before a diplomatic or consular representative of the United Kingdom; and

(c) the depositions have been transmitted to the Minister, or a copy of the depositions certified by the person who took the depositions to be a true copy has been transmitted to the Minister, the depositions are admissible, and a true copy of the deposition is admissible, in evidence in proceedings for compensation under this Act.

(2) A certificate signed by the Minister certifying –

(a) that depositions duly taken in accordance with this section have been transmitted to the Minister, or that a copy of depositions so taken, being a copy certified by the person who took the depositions to be a true copy, has been transmitted to the Minister; and

(b) that a document annexed to the certificate is, or is a true copy of, the depositions,

is evidence of the matters stated in the certificate.

(3) In this section –

"Commonwealth country" has the same meaning as in the Navigation Act 1912-1958;

"diplomatic or consular office" means any of the following offices:-

(a) Ambassador;

(b) Minister;

(c) Head of a Mission;

(d) Chargé d' Affaires;

(e) Counselor, Secretary or Attaché of an Embassy, Legation or other post;

(f) Consul-General;

(g) Consul;

(h) Vice-Consul;

(i) Pro-Consul; and

(j) Consular Agent;

"diplomatic or consular representative of Australia" means a person appointed to hold or act in a diplomatic or consular office of the Commonwealth in a country or place outside Australia;

"diplomatic or consular representative of the United Kingdom" means a person appointed to hold or act in a diplomatic or consular office of the United Kingdom in a country or place outside the United Kingdom.

Evidence of loss of ship.
Cf. M.S.A 1894, s. 174 (2), (3).
Sub-section (1) amended by
No. 56, 1938, s.6.

12. (1) In any proceeding for compensation under this Act, if it is shown by some official return produced out of official custody, or by other evidence, that the ship on which the seaman in respect of whom the compensation is claimed was employed has, three months or upwards before the institution of the proceeding, left a port of departure, she shall, unless it is shown that she has been heard of within three months after that departure, be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the Court or arbitrator thinks probable.

(2) A duplicate agreement or list of the crew made out or a statement of a change in the crew delivered under any Act, Imperial Act, or State Act relating to navigation or shipping at the time of the last departure of the ship from Australia, or a certificate purporting to be a certificate from a Consular or other public officer at any port out of Australia, stating that certain seamen were shipped in the ship from the said port, shall, if produced out of official custody, be, in the absence of proof to the contrary, sufficient proof that the seamen therein named as belonging to the ship were on board at the time of the loss.

Detention of ship.
Cf. 6 Edw. 7, ch. 58, s.11. M.S.A. 1894, s. 692.
Sub-section (1) amended by
No. 99, 1959, s.7.

13. (1) If it is alleged that the owner of any ship is liable as such to pay compensation under this Act, and the ship is at any time found in any port or river in Australia or within any territorial waters thereof, a Justice of the High Court or a Judge of the Supreme Court of a State may, upon its being shown to him by any person applying that the owner is probably liable as such to pay compensation under this Act and that the owner does not reside in Australia, issue an order, directed to any officer of the Department of Customs and Excise or other officer named in the order, requiring him to detain the ship until such time as the owner agent master or consignee thereof has paid the compensation, or has given security to be approved by the Justice or Judge to abide the event of any proceedings that may be instituted to recover compensation under this Act and to pay such compensation and costs (if any) as are awarded.

(2) The officer to whom the order is directed may detain the ship in accordance with the order.

(3) In any legal proceeding to recover the compensation, the person giving security may be made the defendant, and the production of the order of the Justice or Judge made in relation to the security shall be conclusive evidence of the liability of the defendant.

(4) Where the owner of a ship is a corporation, it shall for the purpose of this section be deemed to reside in Australia if it has an office in Australia at which service of process can be effected.

(5) The master of a ship, after detention in pursuance of this section, or after service on him of any notice of or order for detention, shall proceed to sea with the ship before she is released by competent authority.

Penalty: Two hundred dollars.
Amended by No. 97, 1967, s.7.

(6) If the master proceeds to sea with the ship in contravention of this section, and takes to sea any person authorized to detain the ship, the owner and master of the ship shall each be liable to pay a further penalty at the rate of Twenty dollars per day until the person returns or such time as would enable him after leaving the ship to return to the place from which he was taken. Amended by No. 97, 1967, s.7

(7) An Officer of Customs shall refuse to grant a certificate of clearance to any ship while under detention in pursuance of this section, and may refuse to grant such a certificate if he has had notice that an order for the detention of the ship has been made, or that an application for an order for the detention of the ship is about to be made.

Medical Referees.
Cf. 6 Edw. 7, ch. 58, s. 10(1)

14. (1) The Minister may appoint any duly qualified medical practitioners to be medical referees for the purposes of this Act.

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Sub-section (2) omitted by No. 99, 1959, s. 8.

(3) The fees of medical referees shall be paid out of moneys provided by Parliament for the purpose.

(4) A medical referee who has been employed as a medical practitioner in connexion with any case by or on behalf of an employer or seaman, or by any insurers interested, shall not act as a medical referee in that case.

Remuneration of arbitrator appointed by County Court.
Cf. 6 Edw. 7, ch. 58, s. 10 (2)

15. Where an arbitrator is appointed by a County Court under this Act, the remuneration of the arbitrator shall be paid out of moneys provided by Parliament for the purpose.

Returns as to compensation.

16. The owner or master of every ship on which seamen to which compensation this Act applies are employed shall, as prescribed, furnish correct returns specifying –

(a) the number of injuries in respect of which compensation has been paid under this Act during the previous year, or in respect of any prescribe period;

(b) the amount of compensation paid during that year, or period; and

(c) such other particulars as are prescribed.

Penalty: Ten dollars.

Regulations.

17. The Governor-General may make Regulations not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for giving effect to this Act, and in particular for modifying, altering or repealing any of the provisions of the Second Schedule to this Act or adding any additional provisions to that Schedule.

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Section 18 repealed by No. 216, 1973, s.3.

____________

SCHEDULES

FIRST SCHEDULE

SCALE AND CONDITIONS OF COMPENSATION

Paragraph (1) substituted by No. 56, 1938, s.8;
amended by
No. 18, 1947, s.8;
No. 7, 1949, s.11;
No. 10, 1953, s.9;
No. 16, 1954, s.5,
No. 99, 1959, s. 9;
No. 102, 1964, s. 5;
No. 97, 1967, s. 9;
No. 124, 1968, s.3;
No. 49, 1970, s.5;
No. 52, 1971, s. 5; and
No. 124, 1972, s.5.

(1) The amount of compensation under this Act shall be –

(a) where death results from the injury –

(i) if the seaman leaves any dependants wholly dependent upon his earnings, the sum of Fourteen thousand five hundred dollars and, in addition, in respect of each child under the age of sixteen years at the date of the death of the seaman who was, at the date of the injury or the date of the death of the seaman, wholly or mainly dependent upon the earnings of the seaman, a weekly payment, from the date of the death, of an amount equal to the amount specified in clause (ii) of the next succeeding sub-paragraph;

(ii) if the seaman does not leave any such dependants, but leaves any dependants in part dependent upon his earnings, such sum, not exceeding in any case the amount payable under the foregoing provisions, as may be agreed upon, or, in default of agreement, may be determined, on arbitration or proceedings under this Act, to be reasonable and proportionate to the loss to the dependants resulting from the cessation of the earnings of the seaman; and

(iii) the reasonable expenses of the seaman's funeral, not exceeding Three hundred dollars;

(b) where the seaman is totally incapacitated for work by the injury – a weekly payment during his incapacity of the sum of Forty-three dollars and, in addition, the sum of –

(i) Eleven dollars in respect of –

(1) the wife of the seaman, if she was married to the seaman at the date of the injury and is wholly or mainly dependent upon his earnings; or

(2) if he has no wife, or if compensation is not payable in respect of his wife – one female, over the age of sixteen years, who is wholly or mainly dependent upon the earnings of the seaman and was, at the date of the injury, a member of the seaman's family or caring for a child who was at that date, and is, under the age of sixteen years and wholly or mainly dependent upon the earnings of the seaman; and

(ii) Five dollars in respect of each child, born before or after the date of the injury, who, not being a child of a marriage contracted, or an ex-nuptial relationship formed, after the date of injury, is under the age of sixteen years and wholly or mainly dependent upon the earnings of the seaman; and

(c) where the seaman is partially incapacitated for work by the injury – a weekly payment during his incapacity –

(i) of the amount (if any) by which the weekly amount that he is earning, or is able to earn in some suitable employment or business, after the injury is less than his weekly pay at the date of the injury, or of the amount of Forty-three dollars, whichever is the less; or

(ii) of the amount (if any) by which the weekly amount that he is earning, or is able to earn in some suitable employment or business, after the injury is less than the weekly amount that would have been payable to him under sub-paragraph (b) of this paragraph, if he had been totally incapacitated,

whichever is the greater.

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Paragraphs (1A) and (1B) omitted by No.7, 1949, s.11

(2) Notwithstanding anything contained in paragraph (1) of this Schedule –
Substituted by No. 7, 1949, s.11;
amended by
No. 10, 1953, s.9;
No. 16, 1954, s.5;
No. 99, 1959, s.9;
No. 102, 1964, s 5;
No. 97, 1967 s. 9;
No. 124, 1968, s.3;
No. 49, 1970, s.5; and
No. 52, 1971, s.5.

(a) where death results from the injury –

(i) any amount paid or payable before the death of the seaman by way of weekly payments in respect of his total or partial incapacity for work shall not be deducted from the sum payable under clause (i) of sub-paragraph (a) of that paragraph, or shall be disregarded in determining the sum payable under clause (ii) of that sub-paragraph, as the case may be;

(b) where the seaman is totally or partially incapacitated for work by the injury –

(i) no payment, shall be made under sub-paragraph (b) or sub-paragraph (c) of that paragraph which is in excess of the amount of the weekly pay of the seaman at the date of the injury; and

(ii) no such payment shall be made in respect of any period during which the owner of the ship is under any Act, Imperial Act or State Act liable to pay full wages to the injured seaman; and

(c) where the seaman is totally incapacitated for work by the injury, eligibility for weekly payment under sub-paragraph (b) of that paragraph in respect of a child born after the date of the injury shall not accrue until the date of birth of the child.

(2A) The amount of any child endowment paid under Part VI of the Social Services Act 1947-1973 in respect of a child shall be disregarded in ascertaining, for the purposes of this Schedule, whether or not that child is or was dependent upon the earnings of a seaman Inserted by No. 7, 1949, s.11; amended by No. 216, 1973, s.3.

(3) For the purposes of this Schedule –
Substituted by
No. 7, 1949, s.11;
amended by
No. 10, 1953, s.9; and
No. 97, 1967, s.9

(a) "pay" means the salary or wages of the seaman, and includes –

(i) where the seaman receives, as a regular condition of his employment, board or board and lodging in addition to wages – such amount, not exceeding Four dollars fifty cents per week, as is assessed as the value of the board or board and lodging; and

(ii) unless otherwise prescribed – any allowance payable to the seaman in respect of his employment,

but, subject to the regulations, does not include any allowance which is intermittent or any allowance or sum which is payable in respect of special expenses incurred or likely to be incurred by the seaman to respect of his employment; and

(b) any reference to the weekly pay of the seaman at the date of the inquiry means, if the rate of pay of seamen of the same class is subsequently varied under the terms of any award, order or determination of an industrial authority, any industrial agreement or any law, the rate of pay as so varied.

(4) The amount of any weekly payment of compensation payable to a seaman under this Schedule shall be subject to deduction of the amount of any payment, allowance or benefit which the seaman receives from the employer during the period of the seaman's incapacity. Substituted by No. 7, 1949, s.11.

(4A) Where under any Act, Imperial Act or State Act, the employer is liable to defray the expenses of maintenance of the injured seaman, the amount of any weekly payment of compensation payable to the seaman under this Schedule shall be subject to deduction of the amount of the weekly cost of maintenance of the seaman paid by the employer. Inserted by No. 56, 1938, s.8.

(5) Where a seaman as given notice of an accident or has made a claim for compensation under this Act for an injury, he shall, if so required by the employer, submit himself for examination by a duly qualified medical practitioner provided and paid by the employer, and, if he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation, and to take or prosecute any proceedings under this Act in relation to compensation, shall be suspended until such examination has taken place. Amended by No. 99, 1959, s.9.

(6) The payment in the case of death shall, unless otherwise provided in this Schedule or by the regulations, be paid to a prescribed authority, and the sum so paid shall be dealt with as prescribed for the benefit of the persons entitled thereto:

Provided that, if so agreed, the payment in case of death shall, if the seaman leaves no dependants, be made to his legal personal representative, or, if he has no such representative, to the persons to whom payments in respect of medical treatment, ambulance services and funeral expenses are due. Amended by No. 56, 1938, s.8; and No. 10, 1953, s.9.

(6A) An additional amount of compensation payable under paragraph (l0A) of this Schedule shall be paid to such a person or to such persons, and for such purposes, as the Minister directs. Inserted by No. 102, 1964, s.5.

(7) Where a weekly payment is payable under this Act to a person under any legal disability, the weekly payment shall be paid during the disability to a prescribed authority, and dealt with as prescribed for the benefit of the person entitled thereto.

(7A) Where any person under any lega1 disability is entitled to any amount of compensation under this Act to the form of a lump sum, that amount may be paid to a trustee or trustees appointed by a committee or by an arbitrator and approved by a prescribed authority, or appointed by a Judge or a County Court, and the amount so paid shall, subject to any general or special direction of a Judge or a County Court, be held and applied by the trustee or trustees for the benefit of the persons so entitled. Inserted by No. 18, 1947, s. 8.

(8) Any question as to –

(a) who is a dependant; or

(b) how the compensation shall be allotted among, or otherwise dealt with for the benefit of, the dependants

shall, in default of agreement, be settled by arbitration under this Act, or by a County Court. Substituted by No. 56, 1938, s. 8.

(9) Where there are both total and partial dependants, nothing in this Schedule shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.

(10) Where, on application being made to a prescribed authority that, on account of neglect of children on the part of a widow, or on account of the variation of the circumstances of any of the dependants, or for any other sufficient cause, an order of the Court or an award as to the apportionment amongst the several dependants of any sum paid as compensation, or as to the manner in which any sum payable to any dependant is to be dealt with, ought to be varied, the prescribed authority may make an application to a County Court for the variation of the order or the award, and the County Court may make such order thereon as it thinks just.

(l0A) A weekly payment referred to in clause (i) of sub-paragraph (a) of paragraph (1) of this Schedule ceases to be payable when the child –

(a) attains the age of sixteen years;

(b) marries; or

(c) dies,

whichever event first occurs, and where such a weekly payments ceases to be payable and the aggregate amount of such weekly payments made in respect of the child is less than Five hundred dollars, there is payable an additional amount of compensation equal to the difference between the aggregate amount and Five hundred dollars. Inserted by No.102, 1964, s.5; amended by No. 97, 1967, s.9; No. 49, 1970, s5; and No. 52, 1971, s.5.

(11) Any seaman receiving weekly payments under this Act shall, if so required by the employer, from time to time submit himself for examination by a duly qualified medical practitioner provided and paid by the employer. If the seaman refuses to submit himself to such examination, or in any way obstructs the examination, his right to the weekly payments shall be suspended until the examination has taken place.

(12) A seaman receiving shall not be required to submit himself for examination by a medical practitioner under the provisions of this Schedule otherwise than in accordance with the regulation, or at more frequent intervals than is prescribed by those regulations.

(13) Where a seaman has submitted himself for examination by a medical practitioner, or has been examined by a medical practitioner selected by himself, and the employer or seaman, as the case may be, has within six days after such examination furnished the other with a copy of the report of that practitioner as to the seaman’s condition, then, in the event of no agreement being come to between the employer and the seaman as to the seaman’s condition or fitness for employment, the prescribed authority, on application being made to him by both parties, may on payment by the applicants of such fee as is prescribed, refer the matter to a medical referee. Amended by No. 16, 1954, s.5.

(14) The medical referee to whom the matter is referred shall examine the seaman, and shall, in accordance with the regulations, give a certificate as to the condition of the seaman and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and that certificate shall be conclusive evidence as to the matters so certified.

(15) Where no agreement can be come to between the employer and the seaman as to whether or to what extent the incapacity of the seaman is due to the accident, the provisions of this Schedule relating to reference to and examination and certificate by a medical referee shall, subject to the regulations, apply as if the question were a question as to the condition of the seaman.

(16) If a seaman refuses to submit himself for examination by a medical referee, as provided in this Schedule, or in any way obstructs the examination, his right to compensation and to take or prosecute any proceedings under this Act in relation to compensation, or, in the case of a seaman in receipt of weekly payment, his right to that weekly payment, shall be suspended until the examination has taken place.

(17) Any weekly payment may be reviewed in the prescribed manner at the request either of the employer or of the seaman, and on such review may be ended, diminished, or increased, subject to the maximum above provided. Amended by No. 56, 1938, s. 8; No. 18, 1947, s. 8; and No. 7, 1949, s. 11.

(18) Where any weekly payment has been continued for not less than six months, the liability therefor may, at the option of the employer, but subject to the regulations, be redeemed by the payment of a lump sum of such an amount as, where the incapacity is permanent, would, if invested in the purchase of an immediate life annuity, purchase an annuity for the seaman equal to seventy-five per cent. of the annual value of the weekly payment, and as in any other case is settled by arbitration under this Act, or by a County Court, and such lump sum may be ordered by the committee or arbitrator or Judge of the County Court to be paid to a prescribed authority to be invested or otherwise applied for the benefit of the person entitled thereto:

Provided that nothing in this paragraph shall be construed as preventing agreements being made for the redemption of a weekly payment by a lump sum.

(18A) The last preceding paragraph shall not apply in any case where the incapacity is, total and permanent. Inserted by No.18, 1947, s. 8.

(19) If a seaman receiving a weekly payment ceases to reside in Australia, he shall cease to be entitled to receive any weekly payment, unless a medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature. If the medical referee so certifies, the seaman shall be entitled to receive quarterly the amount of the weekly payments accruing due during the preceding quarter so long as he proves, in such manner and at such intervals as are prescribe, his identity and the continuance of the incapacity in respect of which the weekly payment is payable.

(20) Any amount paid in compensation under this Act, whether by way of weekly payment or sum paid in redemption thereof, or lump sum payment for a specific injury fixed in accordance with the Third Schedule to this Act, shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of law, nor shall any claim be set off against it. Substituted by No. 56, 1938, s.8.

(21) Where under this Schedule a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension.

___________

SECOND SCHEDULE

PROCEEDINGS FOR COMPENSATION

(1) For the purpose of settling any matter which under this Act may be settled by arbitration, if any committee, representative of an employer and his seamen, exists with power to settle matters under this Act in the case of the employer and seamen, the matter may, unless either party objects by notice in writing sent to the other party before the committee meet to consider the matter, be settled by the arbitration of the committee, or be referred by it to arbitration as hereinafter provided.

(2) If there is no such committee, or if either party objects to the settlement of the matter by the committee, or if the committee refers the matter to arbitration or fails to settle it within six months from the making of the claim, the matter may be settled by a single arbitrator agreed on by the parties, or, to the absence of agreement, appointed by a County Court or by arbitration before a Judge of a County Court. Amended by No. 7, 1949, s. 12.

(3) The provisions of any Act or State Act relating to arbitration shall not apply to any arbitration tinder this Act; but a committee or an arbitrator may, if they or he think fit, submit any question of law for the decision of a County Court, and the decision of the County Court on any question of law, either on such submission, or in any case where a County Court settles the matter under this Act, or where it gives any decision or makes any order under this Act, shall be final, unless within the time and in accordance with the conditions prescribed by the regulations either party appeals to the High Court or to the Supreme Court of the State in which the County Court is situated.

(4) Any arbitrator appointed by a County Court shall, for the purpose of proceedings under this Act, have the same powers of procuring the attendance of witnesses and the production of documents as if the proceedings before him were an action in the County Court.

(5) In any arbitration under this Act, any party to the proceedings may appear personally or by any other person appointed to represent him.

(6) The costs of and incidental to the arbitration and proceedings connected therewith shall, subject to the regulations, be in the discretion of the committee, a Judge or arbitrator. The costs, whether before a committee, a Judge or an arbitrator, shall not exceed the limit prescribed by the regulations. Amended by No. 7, 1949, s. 12

(7) In the case of the death or refusal inability to act of an arbitrator, the County Court may, on the application of any party, appoint a new arbitrator.

(8) Where the amount of compensation on under this Act has been ascertained, or any weekly payment varied, or any other matter decided under this Act, either by a committee or by an arbitrator or by agreement, a memorandum thereof shall be sent, in manner prescribed by the regulations, by the committee or arbitrator, or by any party interested, to the prescribed authority, who shall, subject to the regulations, on being satisfied as to its genuineness, record the memorandum, and thereupon the memorandum shall for all purposes be enforceable as if it were a judgment of a County Court:

Provided that –

(a) no such memorandum shall be recorded before seven days after the dispatch by the prescribed authority of notice to the parties interested;

(b) where a seaman seeks to record a memorandum of agreement between his employer and himself for the payment of compensation under this Act, and the employer, in accordance with the regulations, objects to the recording of the memorandum, and proves that the seaman has in fact returned to work and is earning the same wages as he did before the accident, the memorandum shall only be recorded, if at all, on such terms as the prescribed authority, under the circumstances, thinks just;

(c) a County Court may at any time make such order in relation to the recording of the memorandum, including the removal of such record, as it thinks just;

(d) where it appears to a prescribed authority, on any information which he considers sufficient, that an agreement as to the redemption of a weekly payment by a lump sum, or an agreement as to the amount of compensation payable to a person under any legal disability, or to dependants, ought not to be recorded by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence, or other improper means, he may refuse to record the memorandum of the agreement, and refer the matter to a County Court, which may, in accordance with the regulations, make such order (including an order as to any sum already paid under the agreement) as under the circumstances it thinks just;

(e) a County Court may, within six months after the recording of a memorandum of an agreement as to the redemption of a weekly payment by a lump sum or of an agreement as to the amount of compensation payable to a person under any legal disability or to dependants order that the record be removed on proof to its satisfaction that the agreement was obtained by fraud or undue influence or other improper means, and may make such order (including an order as to any sum already paid under the agreement) as under the circumstances it thinks just.

(9) An agreement as to the redemption of a weekly payment by a lump sum, if not recorded in accordance with this Act, shall not, nor shall the payment of the sum payable under the agreement, exempt the person by whom the weekly payment is payable from liability to continue to make that weekly payment, and an agreement as to the amount of compensation to be paid to a person under a legal disability or to dependants, if not so recorded, shall not, nor shall the payment of the sum payable under the agreement, exempt the person by whom the compensation is payable from liability to pay compensation, unless, in either case, he proves that the failure to register was not due to any neglect or default on his part.

(10) Where any matter under this Act is to be done in a County Court, it may be done in any County Court, but if the Judge of the County Court in which the proceedings are taken, is satisfied that the matter can be more conveniently dealt with in some other County Court, he may order the transfer of the proceedings to that Court, and upon such transfer that Court shall have the like jurisdiction in relation to the proceedings as if they had been commenced in that Court.

(11) Any sum awarded as compensation shall, unless paid to a prescribed authority, be paid on the receipt of the person to whom it is payable under any agreement or award, and the solicitor or agent of a person claiming compensation under this Act shall not be entitled to recover from him any costs in respect of any proceedings in an arbitration under this Act, or to claim a lien in respect of such costs on, or deduct such costs from, the sum awarded or agreed as compensation.

(12) Any committee, arbitrator, Judge or County Court may, subject to the regulations, submit to a medical referee for report any matter which seems material to any question arising in the proceedings. Amended by No. 7, 1949, s. l2.

(13) The Minister may, by order, either unconditionally or subject to such conditions or modifications as he thinks fit, confer on any committee representative of an employer and his seamen, as respects any mater in which the committee acts as arbitrator, or which is settled by agreement submitted to ands approved by the committee, all or any of the powers conferred by
this Act on a County Court, and may by the order modify any of the provisions of this Schedule, and may provide for such incidental, consequential, or supplemental provisions as may appear to the Minister to be necessary or proper for the purposes of the order.

(14) A Judge of a County Court may, in relation to any proceedings in the Court, exercise all the jurisdiction and power of a County Court under this Schedule.

____________

Substituted by
No. 52, 1971, s.6.

PART I

INJURIES IN RESPECT OF WHICH THE AMOUNT OF COMPENSATION SPECIFIED IN SECTION 5B (1) IS PAYABLE

Loss of, or total loss of sight of, both eyes

Loss of, or total loss of sight of, a useful eye, the other being blind or absent

Loss of both hands

Loss of hand and foot

Loss of both feet

PART II

INJURIES IN RESPECT OF WHICH A PERCENTAGE OF THE AMOUNT OF COMPENSATION SPECIFIED IN SECTION 5B (1) IS PAYABLE

Loss of, or total loss of sight of, one eye, with serious diminution of the sight
of the other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Loss of, or total loss of sight of, one eye. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Total loss of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Complete deafness of one ear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Loss of arm at or above elbow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

Loss of arm below elbow, loss of hand or to of thumb and four fingers of the one
hand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Loss of thumb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Loss of forefinger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Loss of middle finger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Loss of ring finger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Loss of little finger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Total loss of movement of joint of thumb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Loss of distal phalanx or joint of thumb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Loss of portion of terminal segment of thumb involving one-third of its flexor
surface without loss of distal phalanx or joint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Loss of two phalanges or joints of forefinger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Loss of two phalanges or joints of middle or ring finger . . . . . . . . . . . . . . . . . . . . . . . 11

Loss of two phalanges or joints of little finger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Loss of distal phalanx or joint of forefinger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Loss of distal phalanx or joint of other finger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Loss of leg at or above knee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Loss of leg below knee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Loss of foot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

Loss of great toe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Loss of any other toe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Loss of two phalanges or joints of any other toe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Loss of phalanx or joint of great toe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Loss of phalanx or joint of any other toe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
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Fourth Schedule omitted by No. 7, 1949, s.13.
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NOTES

1. The Seamen's Compensation Act 1911-1973 comprises the Semen’s Compensation Act 1911 as amended by the other Acts specified in the following table:

2. – S.4 – Sub-section 27 (2) of the Australian Coastal Shipping Commission Act 1956-1973 provides that the Seamen’s Compensation Act applies in relation to seamen who are officers or employees of the Australian Coastal Shipping Commission.

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