{"id":"F2023L00938","name":"Seafarers Rehabilitation and Compensation Directions 2023","slug":"seafarers-rehabilitation-and-compensation-directions-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441988,"registerId":"F2023L00938-fast-fetch-1775957133239","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Seafarers Rehabilitation and Compensation Directions 2023","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 Directions 2023\n\nI, TONY BURKE, Minister for Employment and Workplace Relations, give the following directions to the Seafarers Safety, Rehabilitation and Compensation Authority.\n\nDated 30 June 2023    \n\nTONY BURKE\n\nMinister for Employment and Workplace Relations\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Directions\n\n6  Schedule\n\nSchedule 1—Repeals\n\nSeafarers Safety Rehabilitation and Compensation Directions 2006 (1)\n\n \n\n1  Name \n\n  This instrument is the Seafarers Rehabilitation and Compensation Directions 2023.\n\n2  Commencement\n\nThis instrument commences on 1 July 2023.\n\n3  Authority\n\n  This instrument is made under section 107 of the Seafarers Rehabilitation and Compensation Act 1992.\n\n4  Definitions\n\n  In this instrument:\n\nSeafarers Act means the Seafarers Rehabilitation and Compensation Act 1992.\n\nExemption Guidelines means the exemption guidelines adopted by the Seacare Authority to assist in determining requests for exemption from the application of the Seafarers Act.\n\nSeacare Authority means the Seafarers Safety, Rehabilitation and Compensation Authority.\n\n5  Directions\n\n \n\nI direct the Seacare Authority to amend its Exemption Guidelines to specify that:\n\n \n\n(a)      the integrity and ongoing viability of the Seacare scheme is a primary factor in determining all applications for exemption from the operation of the Seafarers Act under section 20A of that Act; and\n\n \n\n(b)      a reduction in workers’ compensation entitlements for affected seafarers is a primary factor in determining not to grant an exemption under section 20A of the Seafarers Act where the Seacare Authority is satisfied that a reduction in entitlements would be a likely outcome for the employees on a particular ship; and\n\n \n\n(c)      where an applicant requests an exemption from the application of the Seafarers Act under section 20A on the grounds that workers’ compensation insurance under the Seafarers Act is unavailable, a primary factor in determining the application is whether the Seacare Authority is reasonably satisfied that the applicant has taken all reasonable steps to obtain insurance or indemnification for the applicant’s workers’ compensation liability under the Seafarers Act; and\n\n \n\n(d)    the applicant has state or territory insurance in all jurisdictions in which it operates, is a primary factor in determining all applications for exemption from the operation of the Seafarers Act under section 20A of that Act.\n\n6  Schedule\n\n  Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n\n\n\nSchedule 1—Repeals\n\nSeafarers Safety Rehabilitation and Compensation Directions 2006 (1)\n\n \n\nNote: See section 6. \n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Replaces the Seafarers Safety Rehabilitation and Compensation Directions 2006 (Schedule 1) and re-prioritises the Seacare Authority’s decision-making on s20A exemptions by elevating scheme integrity, likely reductions in seafarers’ entitlements, applicants’ efforts to obtain insurance, and possession of state/territory insurance as primary factors. This narrows and clarifies the factors the Authority must treat as decisive and increases evidentiary and compliance burdens on exemption applicants."},"complexity_factors":["Delegation of substantive judgment to the Seacare Authority about the 'integrity and ongoing viability' of the scheme creates fact-sensitive, discretionary decision-making (cl 5(a); s107 Seafarers Act authority cited in cl 3).","Requirement to treat a likely reduction in workers’ entitlements as a primary factor requires predictions and legal/actuarial assessment of entitlement outcomes (cl 5(b)).","Imprecise standard 'reasonably satisfied that the applicant has taken all reasonable steps' imposes an evidentiary burden on applicants and leaves scope for varied factual inquiries (cl 5(c)).","Demand that applicants have state/territory insurance in all jurisdictions where they operate creates multi‑jurisdictional compliance and verification complexity for operators active across borders (cl 5(d)).","Repeal of the 2006 Directions (Schedule 1) alters precedents and may trigger transitional or interpretive uncertainty for pending or past exemption decisions.","Interplay with section 20A of the Seafarers Act requires close statutory cross‑reference; practitioners must map guideline factors onto statutory criteria, increasing legal complexity.","Administrative workload and evidence-gathering costs shift to applicants (insurance searches, documentation), while the Authority’s assessment costs (investigations, actuarial/legal advice) may increase."],"plain_english_summary":"This instrument directs the Seacare Authority to amend its Exemption Guidelines for applications under section 20A of the Seafarers Rehabilitation and Compensation Act 1992. It makes the scheme’s integrity a primary consideration, treats likely reductions in seafarers’ compensation and failure to obtain insurance as primary factors against exemptions, and favours applicants with state/territory insurance across jurisdictions. Practically, the Authority decides exemption outcomes; applicants (ship operators/employers) must show they sought or hold insurance; affected seafarers may lose entitlements if an exemption is granted."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: providing ministerial directions regarding exemption applications under the Seafarers Rehabilitation and Compensation Act 1992. The 2023 version updates and replaces the 2006 Directions but does not expand beyond the established scope of regulating exemption criteria."},"complexity_factors":["Very short instrument (approximately 1.5 pages)","Only 4 defined terms in section 4","Simple structure: name, commencement, authority, definitions, directions, schedule","No nested exceptions or conditional logic beyond basic 'where' clauses","Single cross-reference to section 107 of the parent Act (empowering provision) and section 20A (exemption provision)","Straightforward repeal of previous instrument in Schedule 1"],"plain_english_summary":"This ministerial direction tells the Seacare Authority how to decide exemption applications from the Seafarers Rehabilitation and Compensation Act 1992, prioritising protection of the scheme, preventing any reduction in seafarers’ entitlements, requiring genuine attempts to obtain Seacare insurance, and confirming state/territory workers’ compensation coverage. \n\nIt tightens and replaces the 2006 Directions, making it harder for employers to opt out and safeguarding workers and the scheme’s financial integrity."}},"importantCases":[],"_links":{"self":"/api/acts/seafarers-rehabilitation-and-compensation-directions-2023","history":"/api/acts/seafarers-rehabilitation-and-compensation-directions-2023/history","analysis":"/api/acts/seafarers-rehabilitation-and-compensation-directions-2023/analysis","conflicts":"/api/acts/seafarers-rehabilitation-and-compensation-directions-2023/conflicts","importantCases":"/api/acts/seafarers-rehabilitation-and-compensation-directions-2023/important-cases","documents":"/api/acts/seafarers-rehabilitation-and-compensation-directions-2023/documents"}}