127Owner liable for medical attendance etc.

#### 127 Owner liable for medical attendance etc. (1) If a seaman belonging to a ship: (a) receives a hurt or injury, or contracts a disease; or (b) suffers from any illness, not being an illness due to a wilful act or default, or to misbehaviour, on the part of the seaman; or (ba) requires essential dental care; and the seaman is not at his or her proper return port, the expense of: (c) providing the necessary surgical and medical advice and attendance, and medicine, until the seaman is cured, dies or arrives at that port; (d) the maintenance of the seaman until he or she is cured, dies or arrives at that port; (e) the conveyance of the seaman to that port; and (f) if the seaman dies before arriving at that port—his or her burial or, if the seaman’s body is conveyed to that port at the request of a member of his or her family, the conveyance of the seaman’s body to that port; shall be defrayed by the owner of the ship without deduction from the wages of the seaman. > Note: In relation to paragraph (1)(f), see also subsection 6(8). (2) For the purposes of subsection (1), where a seaman suffers from a venereal disease, that disease shall not be deemed to be due to a wilful act or default, or to misbehaviour, on the part of the seaman. (3) If: (a) a seaman belonging to a ship is suffering from a disease or illness; and (b) the seaman is, for the purpose of preventing infection or otherwise for the convenience of the ship, temporarily removed from his or her ship; the expense of: (c) the removal of the seaman from, and the seaman’s return to, the ship; (d) providing the necessary surgical and medical advice and attendance, and medicine, while the seaman is away from the ship; and (e) the maintenance of the seaman while he or she is away from the ship; shall be defrayed by the owner of the ship without deduction from the wages of the seaman. (5) The expense of all surgical and medical advice and attendance, and medicine, given to a seaman belonging to a ship while the seaman is on board the ship shall be defrayed by the owner of the ship without deduction from the wages of the seaman. (6) Any reasonable expenses incurred by the owner of a ship in respect of: (a) an illness of a seaman belonging to the ship; or (b) the burial of such a seaman who dies while on service; not being expenses which are required to be defrayed by the owner of the ship under the preceding provisions of this section, may be deducted from the wages of the seaman. (7) In this section, seaman includes master.