51Application to sailors

51 Application to sailors (2) This Act applies with the following modifications in respect of a disability occurring to a Territory worker employed on a ship: (a) except where the sailor is the master, the notice of injury and the claim for compensation may be served on the master of the ship as if the master were the employer; (b) if the injury is sustained and the incapacity commences on board the ship, it shall not be necessary to give any notice of injury; (c) a claim for compensation in respect of the death of a sailor shall be made within 6 months after notice of the death has been received by the claimant; (d) if a ship is lost with all hands, a claim for compensation in respect of the death of a sailor shall be made within 18 months after the date on which the ship shall be deemed under subsection (3) to have been lost with all hands;

Return to Work Act 1986 37 (e) if a sailor dies without leaving any dependants, compensation is not payable if the owner or charterer of the ship is liable under a law in force in the Territory to pay the expenses of the burial or disposal of human remains; (f) weekly payments shall not be payable in respect of a period during which the owner or charterer of the ship is liable to pay the expenses of maintenance of an injured sailor; and (g) notwithstanding any limitation of liability in any other law in force in the Territory, compensation shall be paid in full. (3) Without prejudice to any other means of proof available, for proceedings under this Act: (a) a ship is taken to have been lost with all hands on board if: (i) the ship was expected to arrive at a port at a time; and (ii) the ship did not arrive and has not been heard of for at least 12 months since that time; and (b) an official list of the crew, or the certificate of a proper authority stating that certain sailors were on board the ship, in the absence of proof to the contrary, is sufficient evidence that the sailors were on board the ship at the time of its loss.