Decision by the Seacare Authority to grant Section 20A exemption – invitation to make a submission
3 February 2025
On 22 December 2014, the Federal Court of Australia unanimously decided in the case of Samson Maritime Pty Ltd v Noel Aucote [2014] FCAFC 182 (Samson v Aucote), that sections 19(2)–(4) of the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act) extend the operation of the Seafarers Act.
In March and April 2015, the Seacare Authority issued two exemptions to all employees on ships that were brought under the scheme by virtue of Samson v Aucote. The exemptions do not impact ships that were covered under the Seafarers Act prior to the decision. These exemptions have been reissued most recently in 2024 and expire on 23 March 2025 and 20 April 2025 respectively.
At the 28 November 2024 meeting The Seacare Authority has agreed to combine the two existing exemptions into a single exemption with two schedules, and to grant this exemption for a further period of 12 months. See the Certificate - Exemption – Schedule 1 - Multiple vessels and Schedule 2 - Domestic Commercial Vessels (PDF, 242.0 KB).
Prior to issuing this exemption, the Seacare Authority is seeking input from scheme participants on the exemption schedules. Information on how to make a submission is set out below.
Information specific to each exemption schedule, as well as links to each schedule are set out below.
Stakeholders should be aware that:
- the exemption does not automatically exempt all ships listed in the respective schedules from coverage under the Seafarers Act - those ships that were covered by the Seafarers Act prior to the Federal Court's decision remain covered even if they are included in the schedules;
- ships that are currently reported to the Seacare Authority through employer reporting processes are not listed in Schedule 1 or 2 of the exemption. See the list for Schedule 1 (PDF, 288.3 KB) and the list for Schedule 2 (PDF, 274.9 KB);
- the exemption takes effect from the date they are signed; and
- the exemption does not apply to the Occupational Health and Safety (Maritime Industry) Act 1993.
Schedule 1 – vessels on the Australian General Register
Schedule 1 of this exemption is taken from the Australian General Register on the Australian Maritime Safety Authority website as at 14 January 2025.
Schedule 2 – vessels covered under the Domestic Commercial Vessel legislation
Schedule 2 of the exemption is taken from the list of ships that are registered in the states and territories under the Domestic Commercial Vessel legislation as at 9 January 2025.
Invitation to make a submission
The Seacare Authority is seeking submissions from the owners/operators/employers of the ships in Schedule 1 and Schedule 2 by 8:00 pm AET on Monday 24 February 2025. These will be considered prior to granting the exemption.
Any owner/operator/employer that would like their ship(s) to be removed from either Schedule 1 or Schedule 2 and be covered under the Seafarers Act should advise the Seacare Authority via a submission. Alternatively, an owner/operator/employer can also make a submission if they have ship(s) not listed in Schedule 1 or Schedule 2 but are concerned that they may be brought into the scheme following Samson v Aucote.
Both Schedules are also available in workbook format on request.
Submissions can be sent to seacare@comcare.gov.au or:
Section 20A Exemption
Seacare Authority
GPO Box 9905
Canberra ACT 2601.
General information about exemptions under the Seacare scheme is available at Who is covered.
If you wish to discuss the exemption, please email the Seacare Secretariat at seacare@comcare.gov.au or phone 02 6275 0070.