{"id":"F2020L00103","name":"Seafarers Rehabilitation and Compensation (Cost Recovery) Regulations 2020","slug":"seafarers-rehabilitation-and-compensation-cost-recovery-regulations-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440372,"registerId":"F2020L00103-fast-fetch-1775956024635","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Seafarers Rehabilitation and Compensation (Cost Recovery) Regulations 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSeafarers Rehabilitation and Compensation (Cost Recovery) Regulations 2020\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 06 February 2020\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nChristian Porter\n\nMinister for Industrial Relations\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Cost recovery\n\n5 Fees for Comcare officer to assist employer in reconsidering determination\n\n6 Recovery of fees for assistance provided by a Comcare officer\n\nPart 3—Application provision\n\n7 Application provision relating to the commencement of this instrument\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Seafarers Rehabilitation and Compensation (Cost Recovery) Regulations 2020.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 8 February 2020\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Seafarers Rehabilitation and Compensation Act 1992.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Seafarers Rehabilitation and Compensation Act 1992.\n\nGST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.\n\nPart 2—Cost recovery\n\n \n\n5  Fees for Comcare officer to assist employer in reconsidering determination\n\n  For the purposes of subsection 141(1) of the Act, a fee of $206.80 (including GST) per hour of service provided by a Comcare officer is prescribed, with the fee applied on a pro rata basis per part hour of service provided.\n\n6  Recovery of fees for assistance provided by a Comcare officer\n\n  For the purposes of subsection 141(2) of the Act, a fee charged by Comcare under subsection 141(1) of the Act:\n\n (a) is a debt due to Comcare; and\n\n (b) is recoverable by Comcare in a court of competent jurisdiction.\n\nPart 3—Application provision\n\n \n\n7  Application provision relating to the commencement of this instrument\n\n  Section 5 applies to the provision of a Comcare officer’s services if the arrangement under paragraph 78(4)(b) of the Act that relates to the provision of the services is made after the commencement of this instrument.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: implementing cost recovery for Comcare assistance services under section 141 of the Seafarers Rehabilitation and Compensation Act 1992. The scope has not expanded beyond this narrow administrative function."},"complexity_factors":["Extremely short instrument (7 sections total)","Only 2 defined terms in the interpretation section ('Act' and 'GST')","Minimal cross-referencing (only references to specific subsections of the parent Act)","No nested exceptions or conditional logic beyond a simple application provision","Single straightforward fee structure with no tiers, thresholds, or variations","Linear structure with no interdependent provisions"],"plain_english_summary":"These regulations establish a user‑pays charge for employers of seafarers who ask Comcare to assist in reconsidering compensation determinations. A fee of $206.80 per hour (incl. GST), charged pro‑rata and recoverable as a debt, applies to assistance arrangements made after 8 February 2020. It shifts the cost of Comcare’s review support from taxpayers to the requesting employer."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument implements cost recovery under the existing Act by prescribing an hourly fee and making it recoverable as a debt (ss5–6). It does not expand the statutory powers in the Act; it narrows temporal application to arrangements made after commencement (s7), avoiding retrospective application."},"complexity_factors":["Very narrow subject‑matter: prescribes a single hourly fee and recovery mechanism (s5–s6).","Numerical prescription reduces interpretive discretion about the fee amount (s5).","Cross‑references to the Seafarers Rehabilitation and Compensation Act 1992 (notably subsections 141(1), 141(2) and paragraph 78(4)(b)) require reading the parent Act to see full effect.","Pro rata application per part hour requires practical billing and recordkeeping decisions (s5).","GST inclusion affects accounting and invoicing treatment (s5).","Recovery as a debt and court enforceability create procedural and enforcement steps (s6).","Application cut‑off (only arrangements made after commencement) creates timing/retrospectivity considerations (s7).","Small instrument size limits breadth but creates dependency on interpreting linked Act provisions."],"plain_english_summary":"This regulation sets a fixed fee of $206.80 (including GST) per hour, charged pro rata, for a Comcare officer who helps an employer reconsider a determination (s5). It makes that fee a debt recoverable by Comcare in court (s6). The charge is borne by the party receiving the assistance (the employer or the arrangement under s78(4)(b)), applies only to arrangements made after commencement (s7), and therefore raises the direct cost of using Comcare assistance."}},"importantCases":[],"_links":{"self":"/api/acts/seafarers-rehabilitation-and-compensation-cost-recovery-regulations-2020","history":"/api/acts/seafarers-rehabilitation-and-compensation-cost-recovery-regulations-2020/history","analysis":"/api/acts/seafarers-rehabilitation-and-compensation-cost-recovery-regulations-2020/analysis","conflicts":"/api/acts/seafarers-rehabilitation-and-compensation-cost-recovery-regulations-2020/conflicts","importantCases":"/api/acts/seafarers-rehabilitation-and-compensation-cost-recovery-regulations-2020/important-cases","documents":"/api/acts/seafarers-rehabilitation-and-compensation-cost-recovery-regulations-2020/documents"}}