Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Seafarers Rehabilitation and Compensation and Other Legislation Amendment Bill 2015

Schedule 1 Constitutional coverage

Part 1 Seafarers rehabilitation and compensation

Seafarers Rehabilitation and Compensation Act 1992

1  At the end of section 4

Add:

             (5)  To avoid doubt, a reference in this Act to the employment of an employee is a reference to:

                     (a)  if the employee is a trainee—the employee’s performance of the role of a trainee; or

                     (b)  if the employee is a person of a kind referred to in paragraph (1)(c)—the employee’s performance of the role of a person of that kind.

2  Subsection 19(1)

After “ship that is”, insert “directly and substantially”.

3  Subsections 19(2) to (5)

Repeal the subsections.

4  After section 19

Insert:

19A   Extended application of Act for trainees etc.

             (1)  This Act also applies to the employment of a trainee who, as required by his or her employer, is attending a training course in connection with, or for the purpose of, employment by that employer on:

                     (a)  a prescribed ship that is engaged in trade or commerce:

                              (i)  between Australia and places outside Australia; or

                             (ii)  between 2 places outside Australia; or

                            (iii)  among the States; or

                            (iv)  within a Territory, between a State and a Territory or between 2 Territories; or

                     (b)  a vessel of a kind referred to in subsection 19(1AA); or

                     (c)  a prescribed ship to which paragraph 19(1A)(a) or (b) applies.

             (2)  This Act also applies to the employment of a person of a kind referred to in paragraph 4(1)(c) who would ordinarily be employed or engaged as a seafarer on:

                     (a)  a prescribed ship that is engaged in trade or commerce:

                              (i)  between Australia and places outside Australia; or

                             (ii)  between 2 places outside Australia; or

                            (iii)  among the States; or

                            (iv)  within a Territory, between a State and a Territory or between 2 Territories; or

                     (b)  a vessel of a kind referred to in subsection 19(1AA); or

                     (c)  a prescribed ship to which paragraph 19(1A)(a) or (b) applies.

             (3)  This section does not limit the operation of section 19.

5  Application of amendments

(1)       Subject to subitems (2) and (3), the amendments of the Seafarers Rehabilitation and Compensation Act 1992 made by this Part apply in relation to any injury, loss or damage suffered by an employee on or after the commencement of Part 2 of that Act.

(2)       The amendments made by this Part do not apply in relation to an injury if notice of the injury was given under section 62 of that Act before the time when the Bill for this Act was introduced into the House of Representatives.

(3)       The amendments made by this Part do not apply in relation to loss or damage if notice of the accident that resulted in the loss or damage was given under section 62 of that Act before the time when the Bill for this Act was introduced into the House of Representatives.

6  Compensation for acquisition of property

(1)       If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)       If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3)       In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

Part 2 Occupational health and safety

Occupational Health and Safety (Maritime Industry) Act 1993

7  Subsection 6(1)

After “unit that is”, insert “directly and substantially”.

8  Subsections 6(5) to (9)

Repeal the subsections.

9  Application of amendments

The amendments made by this Part apply in relation to anything done on or after the commencement of section 6 of the Occupational Health and Safety (Maritime Industry) Act 1993 .