77Incapacity

77 Incapacity

(1) If a seafarer of a regulated Australian vessel is incapacitated for work because of sickness or injury, the owner of the vessel must:

(a) pay the seafarer’s wages in full:

(i) as long as the sick or injured seafarer is on board; or

(ii) until the seafarer is repatriated; and

(b) pay wages in whole or part, in accordance with the collective agreement or legislation that provides for workers’ compensation for the seafarer, when the seafarer is repatriated, until the earliest of:

(i) when the seafarer recovers; or

(ii) when the seafarer is entitled to cash benefits under the collective agreement or legislation that provides for workers’ compensation for the seafarer; or

(iii) 16 weeks after the incapacitation starts.

Note This section does not limit the liabilities of the vessel owner under applicable workers compensation legislation.