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Seafarers Rehabilitation and Compensation Act 1992
In force
Administered by
Department of Employment and Workplace Relations
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C2024C00436 (C33)
14 October 2024
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Part 1—Preliminary
Division 1—Short title and commencement
1 Short title
2 Commencement
Division 2—Definitions
3 General definitions
3A Declarations that a ship is or is not a prescribed ship
4 Employees
5 Employees lost at sea
6 Injuries suffered by employees
7 Injuries etc. resulting from medical treatment
8 Incapacity for work
9 Injury arising out of, or in the course of, employment
10 Provisions relating to diseases
11 Hearing impairment—time when suffered
12 Serious and wilful misconduct
13 Normal weekly earnings
14 Recovery of damages
15 Persons who are wholly or partly dependent
16 Certain family relationships
17 Persons caring for prescribed children
Division 3—Miscellaneous preliminary provisions
18 Extent of Act
19 Application of Act
20 Act not to apply to employees within the meaning of the Safety, Rehabilitation and Compensation Act 1988
20A Act not to apply to exempt employment
21 Act binds Crown etc.
21A Application of Criminal Code
22 Amounts of compensation
23 Indexation—Consumer Price Index
23A Indexation—Wage Price Index
24 Liability to pay compensation
25 Compensation to be paid in full
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Part 2—Compensation
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Division 1—Injuries, property loss or damage, medical expenses
26 Compensation for injuries
27 Compensation for property loss or damage
28 Compensation for medical and related expenses
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Division 2—Injuries resulting in death
29 Compensation for injuries resulting in death
30 Compensation in respect of funeral expenses
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Division 3—Injuries resulting in incapacity for work
31 Compensation for injuries resulting in incapacity
32 Determination of suitable employment
33 Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension
34 Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit
35 Compensation for injuries resulting in incapacity where employee rolled over part of a lump sum benefit
36 Compensation for injuries resulting in incapacity where the employee rolled over the whole of a lump sum benefit
37 Compensation where employee is maintained in a hospital
38 Compensation for incapacity not payable in certain cases
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Division 4—Injuries resulting in permanent impairment
39 Compensation for injuries resulting in permanent impairment
40 Interim payment of compensation
41 Compensation for non economic loss
42 Approved Guide
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Division 5—Household and attendant care services
43 Compensation for household services and attendant care services obtained as a result of a non catastrophic injury
43A Compensation for household services and attendant care services obtained as a result of a catastrophic injury
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Division 6—Miscellaneous
44 Redemption of compensation
45 Recurrent payments after payment of lump sum
46 Cancelled determinations not to affect certain payments of compensation
47 Reduction of compensation in certain cases
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Part 3—Rehabilitation
48 Approved rehabilitation program providers
49 Assessment of capability of undertaking rehabilitation program
50 Provision of rehabilitation programs
51 Compensation payable in respect of certain alterations etc.
52 Duty to provide suitable employment
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Part 4—Liabilities arising apart from this Act
53 Interpretation
54 Employee not to have right to bring action for damages against employer etc. in certain cases
55 Actions for damages—election by employees
56 Notice of proceedings against third party
57 Notice of proceedings against employer
58 Compensation not payable if damages recovered
59 Proceedings against third parties
60 Payment of damages by persons to employer
61 Compensation not payable both under Act and under award
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Part 5—Notices and claims
62 Notice of injury or loss of, or damage to, property
63 Claims for compensation
64 Survival of claims
65 Claims may not be made in certain cases
66 Power to require medical examination
67 Power to request the provision of information relevant to claim
68 Certain documents to be supplied on request
69 Neither section 67 nor 68 to affect legal professional privilege
70 Legal professional privilege not to apply to medical reports
71 Bankruptcy etc. of actual employer
72 Time limit for determining claims relating to death
73 Time limit for determining claims relating to incapacity for work, loss of or damage to property or cost of medical treatment
73A Time limit for determining claims relating to permanent impairment
74 Employer may seek review of Authority’s decision
75 Sections 72 to 74 (inclusive) not to apply to Authority if declaration made under section 100
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Part 6—Reconsideration of determinations and review of decisions by the Administrative Review Tribunal
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Division 1—Definitions
76 Interpretation
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Division 2—Reconsideration of determinations by employers
77 Determinations to be notified in writing
78 Reconsiderations of determinations
79 Time limit for reconsideration of determinations
80 Employer may seek review of Authority’s decision
81 Sections 79 and 80 not to apply to Authority if declaration made under section 100
82 Industry panel or Comcare to give copy of report to employer to claimant
83 Power to request the provision of information relevant to reconsideration
83A Power to request employee to undergo medical examination
84 Section 83 not to affect legal professional privilege
85 Legal professional privilege not to apply to medical reports
86 Bankruptcy etc. of employer
87 Reviewable decision to be notified in writing
88 Applications to the ART
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Division 3—ART review of reviewable decisions and extension of time decisions
89 Modified ART Act to apply
90 Evidence in proceedings before ART
91 Costs of proceedings before ART—general
92 Costs of proceedings before ART—when costs payable by employer
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Part 7—Compulsory insurance and the Fund
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Division 1—Compulsory insurance
93 Compulsory insurance
94 Employer to give details of insurance or indemnity arrangements to Authority
95 Authority may require evidence from employer
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Division 2—The Fund
96 The Fund
97 Fund to insure
98 Fund to provide Authority with financial information
99 Minister may revoke approval under section 96
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Division 3—Reserve function of Authority
100 Ministerial declaration
101 Effect of Ministerial declaration
102 Authority to insure if declaration made under section 100
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Part 8—Administration
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Division 1—Seafarers Safety, Rehabilitation and Compensation Authority
103 Establishment
104 Functions
105 Powers
106 Power to obtain information
107 Directions by Minister
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Division 2—Constitution and meetings of Authority
109 Constitution
110 Appointment of members
111 Term of office
112 Deputies of members
113 Persons acting as Chairperson or Deputy Chairperson
114 Remuneration and allowances
115 Leave of absence
116 Disclosure of interests
117 Resignation
118 Termination of appointment
119 Meetings
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Division 4—Miscellaneous
125 Delegation by Authority and sub delegation
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Part 9—Miscellaneous
126 Employee to give information about prior employers
127 Determinations to be in writing
128 Shared liability
129 Subrogation of rights of actual employer to Fund
130 Payment of compensation
131 Employee to notify other employers that compensation has been paid
132 Recovery of compensation payments
133 Money paid for benefit of person
134 Provisions applicable on death of beneficiary
135 Assignment, set off or attachment of compensation
136 Recovery of overpayments
137 Employees on compensation leave
139 Compensation where State compensation payable
139A Exclusion of State laws relating to workers’ compensation
140 Notice of departure from Australia etc.
141 Comcare may charge for officer’s services provided to employer
143 Regulations
144 Legislative rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes