{"id":"F2016L00749","name":"Seafarers Rehabilitation and Compensation (Prescribed Ship—Norfolk Island) Declaration 2016","slug":"seafarers-rehabilitation-and-compensation-prescribed-ship-norfolk-island-declaration-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129303,"registerId":"commonwealth-F2016L00749-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Seafarers Rehabilitation and Compensation (Prescribed Ship—Norfolk Island) Declaration 2016","content":"COmmonwealth of Australia\n\nSeafarers Rehabilitation and Compensation Act 1992\n\nSeafarers rehabilitation and compensation (Prescribed Ship — Norfolk Island) Declaration 2016\n\nI, Michaelia Cash, Minister for Employment, pursuant to section 3A of the Seafarers Rehabilitation and Compensation Act 1992 (‘the Act’), hereby declare:\n\n    (1) That a ship:\n    (a) which is not a ship to which paragraphs 10(a) or (b) of the Navigation Act 1912 would apply if that Act had not been repealed; and\n    (b) which is not a ship to which subsections 19(1AA) or (1A) of the Act applies; and\n    (c) which is a ship to which paragraph 10(c) of the Navigation Act 1912 would apply if that Act had not been repealed; and\n    (d) either:\n    (i) of which the majority of the crew are residents of Norfolk Island; or\n    (ii) which is operated by any of the following (whether or not in association with any other person, firm or company, being a person, firm or company of any description), namely:\n    (A) a person who is a resident of, or has his or her principal place of business in, Norfolk Island;\n    (B) a firm that has its principal place of business in Norfolk Island; or\n    (C) a company that is incorporated, or has its principal place of business, in Norfolk Island; or\n    (iii) to which both (i) and (ii) apply;\n    is not a prescribed ship.\n    (2) This declaration takes effect on 1 July 2016.\n    (3) In this declaration:\n    Norfolk Island means the Territory of Norfolk Island, as described in Schedule 1 to the Norfolk Island Act 1979.\n\nMICHAELIA CASH\n\nDated: 3 May 2016","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a narrow, specific declaration made under existing delegated authority in section 3A of the parent Act. It does not expand the Act's scope beyond its original intent; rather, it exercises a specific exemption power that was always contemplated by the legislation to deal with particular classes of ships."},"complexity_factors":["Multiple nested conditions requiring simultaneous satisfaction (four cumulative criteria in subsection 1)","Reference to repealed legislation (Navigation Act 1912) requiring historical legal knowledge to interpret","Complex disjunctive/conjunctive logic in paragraph (d) with three alternative pathways ((i), (ii), or (iii))","Sub-paragraph (ii) contains nested alternatives (A, B, C) for different entity types","Requires cross-referencing with external legislation (Seafarers Rehabilitation and Compensation Act 1992, Navigation Act 1912, Norfolk Island Act 1979)","Counter-intuitive structure: uses quadruple-negative logic ('not a prescribed ship') to create exclusion rather than straightforward inclusion"],"plain_english_summary":"This declaration removes certain Norfolk Island–connected ships from coverage under the Seafarers Rehabilitation and Compensation Act 1992, meaning their crews cannot access the federal seafarers’ compensation and rehabilitation scheme.  \n\nA transitional measure after Norfolk Island’s governance change, it chiefly affects seafarers and ship operators linked to Norfolk Island and shifts reliance away from the federal scheme to alternative state, territory or common‑law remedies."},"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":3,"scope_assessment":{"changed":true,"description":"This declaration narrows the set of vessels captured as 'prescribed ships' under the Seafarers Rehabilitation and Compensation Act 1992 by expressly excluding certain Norfolk Island‑linked ships (criteria at para (1)). Effectively, from 1 July 2016 those qualifying vessels are removed from the Act’s rehabilitation and compensation coverage (cl 2), shifting liability and access to the scheme for affected crews and operators. Applicability depends on Navigation Act categories, exclusions in ss 19(1AA)/(1A), and the Norfolk Island definition in the Norfolk Island Act (cl 3)."},"complexity_factors":["Cross‑references to revoked and external legislation (Navigation Act 1912 categories) which require legal interpretation to map to current law (see para (1)(a),(c)).","Multiple alternative eligibility paths (majority crew residency; operator is Norfolk Island resident/firm/company; or both), creating branching coverage rules (para (1)(d)(i)–(iii)).","Negative declaration form — it specifies which ships are NOT prescribed ships, producing double negatives when read against the Act.","References to exclusions under the Act itself (subsections 19(1AA) and (1A)) require checking those provisions to confirm overlap or gap (para (1)(b)).","Defined territorial meaning of 'Norfolk Island' by external instrument (Norfolk Island Act 1979 Schedule 1) adds a secondary source to determine applicability (cl 3).","Temporal effect (takes effect 1 July 2016) creates a clear legal start date but requires retrospective administrative alignment (cl 2).","Uses the Ministerial power under s3A of the principal Act; understanding administrative discretion and reviewability depends on s3A’s scope."],"plain_english_summary":"This declaration, made by the Minister under the *Seafarers Rehabilitation and Compensation Act 1992*, excludes certain vessels linked to Norfolk Island from being “prescribed ships”. It targets ships identified by navigation‑act categories and by crew residency or Norfolk Island‑based operation.\n\nEffect: from 1 July 2016 those ships are not subject to the Act’s rehabilitation and compensation obligations. That shifts potential liability away from the scheme for affected vessels and changes compliance and compensation access for operators and crew."}},"importantCases":[],"_links":{"self":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-norfolk-island-declaration-2016","history":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-norfolk-island-declaration-2016/history","analysis":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-norfolk-island-declaration-2016/analysis","conflicts":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-norfolk-island-declaration-2016/conflicts","importantCases":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-norfolk-island-declaration-2016/important-cases","documents":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-norfolk-island-declaration-2016/documents"}}