Australian International Shipping Register (Minimum Compensation) Determination 2012

Link to law: https://www.comlaw.gov.au/Details/F2012L01449

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Australian International Shipping Register (Minimum Compensation) Determination 20121
Shipping Registration Act 1981
I, ANTHONY NORMAN ALBANESE, Minister for Infrastructure and Transport, make this Determination under subsection 61AM (2) of the Shipping Registration Act 1981.
Dated 26 June 2012
 
ANTHONY NORMAN ALBANESE
Minister for Infrastructure and Transport
1              Name of Determination
                This Determination is the Australian International Shipping Register (Minimum Compensation) Determination 2012.
2              Legislative Instrument
                This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
3              Commencement
                This Determination commences on 1 July 2012.
4              Definitions
                In this Determination:
Act means the Shipping Registration Act 1981.
AMSA means the Australian Maritime Safety Authority.
International trading has the same meaning as in section 61AB of the Act.
ITF template agreement has the same meaning as in the Act.
Senior Officer means Master, Chief Officer, Chief Engineer and 1st Engineer.
5              Object
                Subsection 61AM (1) of the Act requires the owner of a ship that is registered in the Australian International Shipping Register to have a policy of insurance or indemnity that:
(a)       insures or indemnifies the owner for any liability of the owner to pay compensation for the death or long-term disability suffered by a seafarer as a result of sickness or injury occurring while on board the ship; and
(b)      provides a level of insurance or indemnity that is sufficient to cover the amount of compensation that is determined by me under subsection 61AM(2).
                This Determination sets out the minimum amount of compensation for the death or long-term disability suffered by a seafarer as a result of sickness or injury occurring while on board the ship.
6              Amount of compensation for death 2012
                This paragraph applies for subsection 61AM(2) of the Act for the period 1 July 2012 to 31 December 2012 in respect of the death of a seafarer as a result of sickness or injury occurring while on board the ship.  The amount of compensation payable to the seafarer's immediate next of kin is set out in column 1 of Schedule 1.  The amount of compensation payable to each of the seafarer’s dependent children under the age of 18 (up to a maximum of 4) is set out in column 2 of Schedule 1.
7              Amount of compensation for long-term disability 2012
                This paragraph applies for subsection 61AM(2) of the Act for the period 1 July 2012 to 31 December 2012 in respect of a seafarer who has suffered long-term disability as a result of sickness or injury occurring while on board the ship.  The amount of compensation for a seafarer in a class specified in an item in column 1 of Schedule 2, to the degree of disability specified in column 2 of that item, is the amount specified in column 3 of that item alongside the relevant degree of disability.
8              Amount of compensation for death 2013
                This paragraph applies for subsection 61AM(2) of the Act for the period 1 January 2013 to 31 December 2013 in respect of the death of a seafarer as a result of sickness or injury occurring while on board the ship.  The amount of compensation payable to the seafarer's immediate next of kin is set out in column 1 of Schedule 3.  The amount of compensation payable to each of the seafarer’s dependent children under the age of 18 (up to a maximum of 4) is set out in column 2 of Schedule 3.
9              Amount of compensation for long-term disability 2013
                This paragraph applies for subsection 61AM(2) of the Act for the period 1 January 2013 to 31 December 2013 in respect of a seafarer who has suffered long-term disability as a result of sickness or injury occurring while on board the ship.  The amount of compensation for a seafarer in a class specified in an item in column 1 of Schedule 4, to the degree of disability specified in column 2 of that item, is the amount specified in column 3 of that item alongside the relevant degree of disability.
10            Amount of compensation for death 2014
                This paragraph applies for subsection 61AM(2) of the Act for the period 1 January 2014 to 31 December 2014 in respect of the death of a seafarer as a result of sickness or injury occurring while on board the ship.  The amount of compensation payable to the seafarer's immediate next of kin is set out in column 1 of Schedule 5.  The amount of compensation payable to each of the seafarer’s dependent children under the age of 18 (up to a maximum of 4) is set out in column 2 of Schedule 5.
11            Amount of compensation for long-term disability 2014
                This paragraph applies for subsection 61AM(2) of the Act for the period 1 January 2014 to 31 December 2014 in respect of a seafarer who has suffered long-term disability as a result of sickness or injury occurring while on board the ship.  The amount of compensation for a seafarer in a class specified in an item in column 1 of Schedule 6, to the degree of disability specified in column 2 of that item, is the amount specified in column 3 of that item alongside the relevant degree of disability.
12            ITF template agreement
                The amounts of compensation in Schedules 1, 2, 3, 4, 5 and 6:
(a)       are expressed in US dollars; and
(b)      are not less than the amounts of compensation specified in the ITF template agreement.
Note:            Additional details regarding the amounts of compensation are contained in the ITF template agreement, which can be found on AMSA’s website at www.amsa.gov.au.
 
               
Schedule 1
 
 
Minimum compensation for death for
the period 1 July 2012 – 31 December 2012

Column 1
Amount of compensation
Column 2
Amount of compensation

90,882
18,176

 
 
 
Schedule 2
 
Minimum compensation for long-term disability
for the period 1 July 2012 – 31 December 2012

Item Number
Column 1
Class of seafarer
Column 2
Degree of disability
Column 3
Amount of compensation

1
Ratings
100%
75%
60%
50%
40%
30%
20%
10%
90,882
68,162
54,529
45,441
36,353
27,265
18,176
9,088

2
Junior Officers
100%
75%
60%
50%
40%
30%
20%
10%
121,176
90,882
72,706
60,588
48,470
36,353
24,235
12,118

3
Senior Officers
100%
75%
60%
50%
40%
30%
20%
10%
151,470
113,603
90,882
75,735
60,588
45,441
30,294
15,147

 
Schedule 3
 
 
Minimum compensation for death for
the period 1 January 2013 – 31 December 2013

Column 1
Amount of compensation
Column 2
Amount of compensation

93,154
18,6311

 
 
 
Schedule 4
 
Minimum compensation for long-term disability
for the period 1 January 2013 – 31 December 2013

Item Number
Column 1
Class of seafarer
Column 2
Degree of disability
Column 3
Amount of compensation

1
Ratings
100%
75%
60%
50%
40%
30%
20%
10%
93,154
69,866
55,892
46,577
37,262
27,946
18,631
9,315

2
Junior Officers
100%
75%
60%
50%
40%
30%
20%
10%
124,205
93,154
74,523
62,103
49,682
37,262
24,841
12,421

3
Senior Officers
100%
75%
60%
50%
40%
30%
20%
10%
155,257
116,443
93,154
77,628
62,103
46,577
31,051
15,526

 
Schedule 5
 
 
Minimum compensation for death for
the period 1 January 2014 – 31 December 2014

Column 1
Amount of compensation
Column 2
Amount of compensation

95,949
19,1901

 
 
 
Schedule 6
 
Minimum compensation for long-term disability
for the period 1 January 2014 – 31 December 2014

Item Number
Column 1
Class of seafarer
Column 2
Degree of disability
Column 3
Amount of compensation

1
Ratings
100%
75%
60%
50%
40%
30%
20%
10%
95,949
71,962
57,569
47,974
38,379
28,785
19,190
9,595

2
Junior Officers
100%
75%
60%
50%
40%
30%
20%
10%
127,932
95,949
76,759
63,966
51,173
38,379
25,586
12,793

3
Senior Officers
100%
75%
60%
50%
40%
30%
20%
10%
159,914
119,936
95,949
79,957
63,966
47,974
31,983
15,991