Luke Hartsuyker (Cowper, National Party, Assistant Minister for Employment) Share this | Hansard source

I present the supplementary explanatory memorandum to the bill, and I ask leave of the House to move government amendments (1) and (2), as circulated together.

Leave granted.

I move government amendments (1) and (2) together, as circulated:

(1) Schedule 1, item 5, page 4 (line 20), omit "subitems (2) and (3)", substitute "subitem (2)".

(2) Schedule 1, item 5, page 4 (lines 24 to 31), omit subitems (2) and (3), substitute:

(2) The amendments made by this Part do not apply in relation to any injury, loss or damage for which a claim was made, under section 63 of the Seafarers Rehabilitation and Compensation Act 1992, before the day the Bill that became this Act was introduced into the House of Representatives (whether or not the claim was determined before that day).

The government amendments to the bill are necessary to confine the operation of the application of a provision in item 5 to achieve its intended effect. The current application provisions operate by reference to an employee giving notice of an injury. However, giving notice of an injury is often not specific to the seafarers act or to state and territory workers compensation laws. An employee who has given notice of an injury, even with the intention of lodging a claim under the state and territory workers compensation scheme and with no intention to make a claim under the seafarers act, could be exempted from the amendments. This undermines the intent of the retrospective application of the coverage provisions and threatens the financial viability of the Seacare Scheme. Seafarers who are covered by state workers compensation schemes could also make claims under the Seafarers Act as long as they had given notice of injury to a state or territory scheme. The amendments would provide that a person who has commenced making a claim under the seafarers act, rather than just giving notice of injury, is not affected by this bill. The making of a claim for compensation is generally done under either the seafarers act or a state and territory workers compensation laws system. The amendments provide certainty in the operation of the bill while ensuring that past and ongoing seafarers act claims are not disturbed. In all other respects, the amendments will not affect the bill.

Amendment (1) concerns schedule 1, item 5, page 4, line 20—this item removes the cross-reference consequential on amendment (2). Amendment (2) concerns schedule 1, item 5, page 4, lines 24 to 31—this amendment omits subitems 5(2) and 5(3) and substitutes a new subitem 5(2). The new subitem 5(2) provides that the amendments made to the coverage provisions of the seafarers act do not apply in relation to any injury, loss or damage for which a claim was made under section 63 of the Seafarers Rehabilitation and Compensation Act 1992 before this bill was introduced in to the House of Representatives.

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