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Wednesday, 6 December 1911


The CHAIRMAN - I would point out to Senator Stewart that paragraph a of sub-clause 2, of clause 5, reads -

Provided that - the employer shall not be liable under this Act in respect of any injury which does not disable the seaman, for a period of at least one . week, from earning full wages.

Now the effect of the honorable senator's amendment would be to annul that paragraph, and, therefore, I cannot accept it.


Senator Rae - Clause 5 does not say anything in regard to the duration of the incapacity of a seaman. The schedule provides that if a seaman's incapacity lasts for less than two weeks no compensation shall be paid to him in respect of the first week, whereas clause 5 sets out that the employer shall not, in any case, be liable for an accident which incapacitates a seaman for less than a week.


Senator Stewart - I wish to point out that the two things are quite distinct. The meaning of paragraph a, of sub-clause 2, of clause 5, is that if a seaman be injured, but is able to return to his work within a week of sustaining his injuries, he shall receive no compensation whatever. Now, the schedule provides that if his incapacity should last less than two weeks no compensation shall be payable in respect of the first week. In other words, paragraph a, of sub-clause 2, of clause 5, refers to an accident which affects a seaman for only a week or less, whereas sub-paragraph a, of paragraph 1 of the schedule, refers to an accident which incapacitates a seaman for a fortnight or less. The two things are entirely distinct.


Senator Millen - No, where a manis injured for a fortnight or less he cannot receive compensation for the first week.


Senator Stewart - Then we can get the Bill recommitted.


The CHAIRMAN - That would be the best way out of the difficulty.







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