{"id":"C2004A04524","name":"Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992","slug":"seafarers-rehabilitation-and-compensation-transitional-provisions-and-consequential-amendments-act-1","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"233 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436177,"registerId":"C2004A04524-fast-fetch-1775953432702","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992","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![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nSeafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992\n\n \n\nNo. 233 of 1992\n\n \n\n \n\n \n\n \n\n \n\nAn Act to enact transitional provisions, and to repeal an Act and amend others, because of the enactment of the Seafarers Rehabilitation and Compensation Act 1992\n\n \n\n \n\n \n\nContents\n\n[Part 1—Preliminary](#_Toc426036746)\n\n[1 Short title](#_Toc426036747)\n\n[2 Commencement](#_Toc426036748)\n\n[3 Interpretation](#_Toc426036749)\n\n[Part 2—Transitional provisions](#_Toc426036750)\n\n[4 Purpose of this Part](#_Toc426036751)\n\n[5 Application](#_Toc426036752)\n\n[6 Application of Principal Act to pre-existing injuries etc.](#_Toc426036753)\n\n[7 Entitlement to compensation](#_Toc426036754)\n\n[8 Payments under the repealed Act](#_Toc426036755)\n\n[9 Notices, claims etc. under the repealed Act](#_Toc426036756)\n\n[10 Settlements and determinations under the repealed Act](#_Toc426036757)\n\n[11 Employer may reconsider determination made under the repealed Act](#_Toc426036758)\n\n[12 Liability under the repealed Act](#_Toc426036759)\n\n[13 Employee to have right to bring action for damages against employer etc. in certain circumstances](#_Toc426036760)\n\n[14 Money and investments held under the repealed Act](#_Toc426036761)\n\n[Part 3—Consequential amendments](#_Toc426036762)\n\n[15 Consequential amendments](#_Toc426036763)\n\n[Part 4—Repeal](#_Toc426036764)\n\n[16 Repeal of Act](#_Toc426036765)\n\n[Schedule 1—Consequential amendments](#_Toc426036766)\n\n[Schedule 2—Consequential amendment](#_Toc426036767)\n\n \n\n![](image.001.png)\n\n \n\n \n\nSeafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992\n\nNo. 233 of 1992\n\n \n\n \n\n \n\nAn Act to enact transitional provisions, and to repeal an Act and amend others, because of the enactment of the Seafarers Rehabilitation and Compensation Act 1992\n\n[Assented to 24 December 1992]\n\nThe Parliament of Australia enacts:\n\n## Part 1—Preliminary\n\n \n\n##### 1  Short title\n\n  This Act may be cited as the Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992.\n\n##### 2  Commencement\n\n (1) Subject to subsection (2), this Act commences on the day on which Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 commences.\n\n (2) Subsection 15(2) commences on the day on which Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 commences, or on 1 January 1993, whichever is later.\n\n##### 3  Interpretation\n\n (1) Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Seafarers Rehabilitation and Compensation Act 1992.\n\n (2) In this Act:\n\ncommencing day means the day on which Part 2 commences.\n\nPrincipal Act means the Seafarers Rehabilitation and Compensation Act 1992.\n\nrepealed Act means the Seamen’s Compensation Act 1911.\n\n\n\n\n## Part 2—Transitional provisions\n\n \n\n##### 4  Purpose of this Part\n\n  This Part deals with injuries etc. that happened before the commencing day. It converts rights under the repealed Act into corresponding rights under the Principal Act, subject to the limitations imposed by the repealed Act.\n\n##### 5  Application\n\n  This Part has effect despite anything contained in the Principal Act.\n\n##### 6  Application of Principal Act to pre-existing injuries etc.\n\n  Subject to this Part, the Principal Act applies in relation to an injury, loss or damage suffered by an employee, whether before or after the commencing day.\n\n##### 7  Entitlement to compensation\n\n (1) A person is not entitled to compensation under the Principal Act in respect of an injury, loss or damage suffered before the commencing day if compensation was not payable in respect of that injury, loss or damage under the repealed Act.\n\n (2) A person is not entitled to compensation under section 39 or 40 of the Principal Act in respect of a permanent impairment, or under section 29 of the Principal Act in respect of the death of an employee, being an impairment or death that occurred before the commencing day, if the person received compensation of a lump sum in respect of that impairment or death under the repealed Act.\n\n (3) The amount of compensation (if any) that a person is entitled to receive under section 39 or 40 of the Principal Act in respect of a permanent impairment, or under section 29 of the Principal Act in respect of the death of an employee, being an impairment or death that occurred before the commencing day, is the same as the amount of compensation that would have been payable to that person under the repealed Act, if the Principal Act had not been enacted.\n\n (4) A person is not entitled to compensation under section 43 of the Principal Act in respect of any period that occurred before the commencing day.\n\n (5) A person is not entitled to compensation under subsection 29(5) of the Principal Act in respect of the death of an employee, or under section 31, 33, 34, 35, 36, 37 or 45 of the Principal Act in respect of an incapacity, if the compensation relates to a period occurring before the commencing day and:\n\n (a) the person received weekly payments of compensation in respect of that death or incapacity in relation to that period under the repealed Act; or\n\n (b) the person was not entitled to receive weekly payments of compensation in respect of that death or incapacity in relation to that period under the repealed Act.\n\n (6) The rate of compensation (if any) that a person is entitled to receive under subsection 29(5) of the Principal Act in respect of the death of an employee, or under section 31, 33, 34, 35, 36, 37 or 45 of the Principal Act in respect of an incapacity, if the compensation relates to a period occurring before the commencing day, is the same as the rate of compensation that would have been payable to that person in relation to that period under the repealed Act if the Principal Act had not been enacted.\n\n (7) A person is not entitled to compensation under subsection 28(1) or (6) or section 30 of the Principal Act in respect of any cost or expenditure, if the liability to pay the cost arose before the commencing day, or the expenditure was incurred before that day, and:\n\n (a) an amount was paid in respect of that cost or expenditure under the repealed Act; or\n\n (b) an amount was not payable in respect of that cost or expenditure under the repealed Act.\n\n (8) The amount of the compensation (if any) that is, because of this section, payable under subsection 28(1) or (6) or section 30 of the Principal Act in respect of any cost or expenditure, where the liability to pay the cost arose before the commencing day, or the expenditure was incurred before that day, is the same as the amount that would have been payable in respect of that cost or expenditure under the repealed Act if the Principal Act had not been enacted.\n\n (9) If proceedings for the recovery of compensation under the repealed Act in respect of an injury were not maintainable by a person because of section 6 of the repealed Act, that person is not entitled to compensation under the Principal Act in respect of that injury.\n\n##### 8  Payments under the repealed Act\n\n (1) A payment made before the commencing day in respect of a liability of an employer under the repealed Act for an injury suffered by an employee is, on and after that day, taken to have been made by the employer in respect of the corresponding liability under the Principal Act.\n\n (2) Without limiting the generality of subsection (1), any such payment that had effect as a redemption of a liability of an employer referred to in that subsection, has effect under section 44 of the Principal Act as a redemption of the corresponding liability.\n\n##### 9  Notices, claims etc. under the repealed Act\n\n (1) A notice duly served before the commencing day under section 6 of the repealed Act has effect on and after the commencing day as a notice duly given to the employee’s employer under section 62 of the Principal Act.\n\n (2) A claim for compensation duly made before the commencing day under the repealed Act is taken to be a claim for compensation duly made to the employer under the Principal Act.\n\n (3) If an employee was required to be examined by a medical referee or legally qualified medical practitioner for the purposes of the repealed Act but the examination had not been completed before the commencing day, the requirement continues to have effect as if it had been made by the employer under subsection 66(1) of the Principal Act and the medical referee or legally qualified medical practitioner were a medical practitioner nominated under that subsection.\n\n (4) If an employee was receiving benefits under an award and compensation because of the application of paragraph 4 of Schedule 1 of the repealed Act, the benefits cease on the commencing day unless the employee makes an election within 30 days after the commencing day under section 61 of the Principal Act.\n\n (5) An election made under subsection (4) is taken to have been made on the commencing day.\n\n##### 10  Settlements and determinations under the repealed Act\n\n (1) A settlement (whether by agreement, arbitration or judicial decision) under the repealed Act and in force immediately before the commencing day, being a settlement of the liability of an employer to pay compensation or make any other payment under that Act in respect of an injury is, on and after that day, taken to be a determination made by the employer under the Principal Act in respect of the corresponding liability under the Principal Act, but Part 6 of the Principal Act does not apply in relation to that settlement.\n\n (2) A decision or action by an employer in respect of the repealed Act and having effect immediately before the commencing day, being a decision or action in respect of the liability of an employer to pay compensation or make any other payment to a person under the repealed Act, is taken to be a determination made by the employer under the Principal Act in respect of the corresponding liability under the Principal Act.\n\n (3) If a decision or action referred to in subsection (2) is, or has been, varied by a court, a committee of arbitration or an arbitrator, subsection (2) has effect in relation to that decision or action as so varied.\n\n##### 11  Employer may reconsider determination made under the repealed Act\n\n (1) An employer may on the employer’s own initiative, reconsider a decision in respect of the repealed Act having effect immediately before the commencing day and, for that purpose, section 78 of the Principal Act applies as if:\n\n (a) the person in respect of whom the decision was made were a claimant under the Principal Act; and\n\n (b) the decision were a determination by the employer within the meaning of Part 6 of the Principal Act.\n\n (2) Part 6 of the Principal Act applies to a decision by the employer on a reconsideration of a decision mentioned in subsection (1) as if the decision were a reviewable decision by the employer within the meaning of that Part.\n\n##### 12  Liability under the repealed Act\n\n  A liability of an employer to pay compensation or make any other payment under any provision of the repealed Act, to the extent that it had not been discharged before the commencing day, is taken to have been incurred by the employer on that day under the corresponding provision of the Principal Act.\n\n##### 13  Employee to have right to bring action for damages against employer etc. in certain circumstances\n\n  Despite section 54 of the Principal Act, an employee has the right to bring, within 6 months after the commencing day, an action or other proceeding against his or her employer, or an employee of the employer, in respect of:\n\n (a) an injury sustained before the commencing day by the employee in the course of his or her employment, being an injury in respect of which the employer would, apart from this subsection, be liable (whether vicariously or otherwise) for damages; or\n\n (b) the loss of, or damage to, property used by an employee resulting from such an injury.\n\n##### 14  Money and investments held under the repealed Act\n\n  All money and investments held immediately before the commencing day for the benefit of a person or persons by a prescribed authority under the repealed Act are, by force of this section, vested in the Authority and are to be held by the Authority for the benefit of that person or those persons, as the case may be.\n\n\n\n\n## Part 3—Consequential amendments\n\n \n\n##### 15  Consequential amendments\n\n (1) The Acts specified in Schedule 1 are amended as set out in that Schedule.\n\n (2) The Act specified in Schedule 2 is amended as set out in that Schedule.\n\n\n\n\n## Part 4—Repeal\n\n \n\n##### 16  Repeal of Act\n\n  The Seamen’s Compensation Act 1911 is repealed.\n\n# Schedule 1—Consequential amendments\n\nSubsection 15(1)\n\nCommonwealth Employees’ Rehabilitation and Compensation Act 1988\n\nParagraph 5(8)(d)\n\nOmit ‘Seamen’s Compensation Act 1911’, substitute ‘Seafarers Rehabilitation and Compensation Act 1992’.\n\nNavigation Act 1912\n\nParagraph 127(1)(a):\n\nOmit ‘, in the service of the ship’.\n\nSubsection 127(1):\n\nOmit ‘, subject to subsection (4),’.\n\nSubsection 127(3):\n\nOmit ‘, subject to subsection (4),’.\n\nSubsection 127(4):\n\nOmit the subsection.\n\nParagraph 132(1)(a):\n\nOmit the paragraph, substitute:\n\n ‘(a) on the day of his or her recovery; or’.\n\nParagraph 132(6)(d):\n\nOmit the paragraph, substitute:\n\n ‘(d) was not knowingly concealed by the seaman from the person who employed or engaged the seaman at the time the seaman was employed or engaged.’.\n\n# Schedule 2—Consequential amendment\n\nSubsection 15(2)\n\nSocial Security Act 1991\n\nSection 1069 (Family Payment Rate Calculator—paragraph 1069-D21(b)):\n\nOmit the paragraph, substitute:\n\n ‘(b) section 31, 33, 34, 35, 36, 37 or 45 of the Seafarers Rehabilitation and Compensation Act 1992’.\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Act is purely transitional and consequential; it does not expand the scope of the original Seafarers Rehabilitation and Compensation Act 1992. It merely converts existing rights and liabilities from the old Act to the new one, and updates references in other legislation."},"complexity_factors":["Heavy cross-referencing between the old (repealed) Act, the new Principal Act, and the transitional Act itself","Multiple subsections with nested conditions (e.g., subsections 7(1) through (9) each carving out exceptions)","Definitions rely on terms from both Acts, requiring the reader to hold both in mind","Transitional provisions that preserve old rates and qualifications, creating a dual system for pre- and post-commencement injuries","Schedules containing consequential amendments to three separate Acts, each with different drafting styles"],"plain_english_summary":"This Act handles the switch from the old **Seamen's Compensation Act 1911** (which covered compensation for injured seafarers) to the new **Seafarers Rehabilitation and Compensation Act 1992**. It does three main things:\n\n1. **Repeals the old Act** – The 1911 law is abolished.\n2. **Transitions existing claims and rights** – If you had an injury or claim under the old Act, it converts to the new system. However, it doesn't give you more compensation than you would have got under the old Act for injuries that happened before the change. It also prevents double payments (e.g., if you already got a lump sum, you can't get another).\n3. **Updates other laws** – It tweaks the *Commonwealth Employees' Rehabilitation and Compensation Act 1988*, the *Navigation Act 1912*, and the *Social Security Act 1991* to refer to the new Act instead of the old one.\n\n**Who it affects:** Seafarers, their employers, and anyone handling compensation claims for maritime injuries.\n**Why it matters:** It ensures a smooth transition between legal regimes, preventing confusion and preserving existing entitlements while phasing out the old law."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act has not grown beyond its original intent. It remains strictly a bridging statute whose sole functions are to convert pre-commencement rights and liabilities, preserve the repealed Act’s limitations, effect necessary updates to related legislation, and repeal the Seamen’s Compensation Act 1911."},"complexity_factors":["Detailed conditional rules in s.7 with nine subsections creating different carve-outs and rate-matching requirements for permanent impairment (ss.39–40), death benefits (s.29), incapacity payments (ss.31–37, 45) and medical costs (ss.28, 30)","Heavy cross-referencing to 15+ specific sections of the Principal Act (Seafarers Rehabilitation and Compensation Act 1992) and the repealed Seamen’s Compensation Act 1911","Transitional mapping provisions for notices (s.9), settlements (s.10), reconsiderations (s.11), and liabilities (s.12) that require readers to compare old and new procedures","Interaction between the savings rule in s.5 ('despite anything in the Principal Act') and the purpose clause in s.4 that preserves limitations from the repealed Act","Two schedules containing targeted amendments to three other statutes"],"plain_english_summary":"**This law smooths the switch from an old compensation system for seafarers to a new one.**\n\nIt was created alongside the Seafarers Rehabilitation and Compensation Act 1992 (the main new law). The old system was the Seamen’s Compensation Act 1911. The new law updates how injured seafarers (or their families) get payments for injuries, lost wages, medical costs, or death.\n\nThis transitional Act makes sure nothing falls through the cracks during the changeover. It says:\n- Injuries that happened before the new law started are generally covered by the new rules, but only if the old rules would have allowed a payout.\n- Old claims, notices, medical exams, and settlements automatically transfer to the new system.\n- Weekly payments, lump sums, and medical costs keep the same amounts and limits they had under the old law.\n- Employers must honour any unpaid liabilities from the old law as if they arose under the new one.\n\nIt also updates a few other laws (like the Navigation Act and Social Security Act) so they work with the new seafarer compensation rules, and it fully repeals the 1911 Act. \n\n**Who it affects**: Seafarers injured before the switch date, their employers (mostly shipping companies), and government bodies handling claims. It matters because it protects workers’ rights during big legal changes and stops employers or workers from being unfairly penalised by the timing of an injury."}},"importantCases":[],"_links":{"self":"/api/acts/seafarers-rehabilitation-and-compensation-transitional-provisions-and-consequential-amendments-act-1","history":"/api/acts/seafarers-rehabilitation-and-compensation-transitional-provisions-and-consequential-amendments-act-1/history","analysis":"/api/acts/seafarers-rehabilitation-and-compensation-transitional-provisions-and-consequential-amendments-act-1/analysis","conflicts":"/api/acts/seafarers-rehabilitation-and-compensation-transitional-provisions-and-consequential-amendments-act-1/conflicts","importantCases":"/api/acts/seafarers-rehabilitation-and-compensation-transitional-provisions-and-consequential-amendments-act-1/important-cases","documents":"/api/acts/seafarers-rehabilitation-and-compensation-transitional-provisions-and-consequential-amendments-act-1/documents"}}