Regulations and Legislative instruments

Regulations

Regulations provide much of the detail and practical guidance for a piece of legislation. They:

• detail what is required to support the duties in the Act
• specify the way some duties must be carried out
• set the procedural and administrative requirements of the Act, such as specific activities and record keeping.

Regulations in the Seacare scheme are:

• Seafarers Rehabilitation and Compensation Levy Regulations 2018 (Levy Regulations) are made under the Seafarers Rehabilitation and Compensation Levy Act 1992 (Levy Act)
• Seafarers Rehabilitation and Compensation Levy Collection Regulations 2018 (Levy Collection Regulations) are made under the Seafarers Rehabilitation and Compensation Levy Collection Act 1992 (Levy Collection Act)
• Occupational Health and Safety (Maritime Industry) Regulations 1995 (OHS(MI) Regs) sets out requirements under the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act)
• Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003 (OHS(MI)(NS) Regs).

Ministerial Directions

The Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act) allows the Minister to issue directions to the Seacare Authority that set out binding rules on how the Seafarers Act operates and functions.

• Seafarers Rehabilitation and Compensation Directions 2023 – requiring the Seacare Authority to amend its s20A exemption guidelines, to include additional factors for consideration as specified in the Direction.

Legislative instruments

The Seafarers Act allows the Minister to issue legislative and non-legislative instruments to be made, explaining a legally enforceable act, process, obligation or right.

• Seafarers Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2021
  This instrument specifies the circumstances in which employment in the maritime industry is deemed to have contributed, to a material degree, to the contraction of a disease suffered by an employee. This also specifies a list of diseases, or ‘deemed diseases’.
• Seafarers Rehabilitation and Compensation (Specification of Medical Examination Interval) Instrument 2019
  This instrument is made by the Minister under subsections 66(6) and 83A(9) of the Seafarers Act to specify that an employee must not be required to undergo an examination by the same legally qualified medical practitioner nominated by the employer under section 66 or section 83A more frequently than at one-month intervals. The specified interval only applies if the employee undergoes the examination.
• Seafarers Rehabilitation and Compensation (Specified Rate per Kilometre) Instrument 2019
  An employer is liable to pay an amount of compensation to an employee in respect of expenditure reasonably incurred by the employee when undertaking certain journeys, from the place in Australia where the employee is residing, in accordance with provisions of the Act. This instrument sets the rate per kilometre payable.
• Guide to the Assessment of the Degree of Permanent Impairment
  Seafarer's Guide to the Assessment of the Degree of Permanent Impairment Introduces the second edition of the Seafarer's Guide to the Assessment of the Degree of Permanent Impairment. All injuries that result in a permanent impairment must be assessed according to this Guide.
• Seafarers Rehabilitation and Compensation (Catastrophic Injury) Rules 2018
  ‘Catastrophic injury’ is defined in section 3 of the Seafarers Act to mean an injury where the conditions specified in the legislative rules are satisfied. Paragraph 144(1)(a) of the Seafarers Act allows the Minister to make rules prescribing matters required or permitted by the Seafarers Act to be prescribed by the legislative rules. This instrument specifies the conditions for the definition of ‘catastrophic injury’.

Codes of Practice

A Code of Practice is a practical guide, approved under a piece of legislation. Each Code of Practice covers an issue or situation and offers ways to identify and manage risks. It sets out how to achieve the standards required under the Act and any associated Regulations.

An approved Code of Practice is admissible in court proceedings. Courts may:

• regard an approved Code as evidence of what is known about a hazard, a risk, a risk assessment, or control
• rely on a Code of Practice to determine what is reasonably practicable in the circumstances.

The Code of Practice relevant to the Seacare scheme is:

• Code of Practice for Health and Safety in Shipboard Work, including Offshore Support Vessels. Provides practical guidance on ways to meet occupational health and safety standards on vessels.