38Application to sailors

38 Application to sailors (1) This Act applies with the following modifications in respect of an injury that happens on a ship to a sailor working on the ship where the sailor's employment is connected with Victoria— (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 happens, and the incapacity commences, on board the ship, it is not necessary to give any notice of injury; (c) a claim for compensation in respect of the death of a sailor must 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 must be made within 18 months after the date on which the ship is deemed under subsection (2) to have been lost with all hands; (e) if a sailor dies without leaving any dependants, compensation is not payable if the owner or charterer of the ship is liable to pay the expenses of burial or cremation under any Act in force in Victoria; (f) weekly payments are not payable for any period during which the owner or charterer of the ship is liable to pay the expenses of maintenance of any injured sailor; (g) notwithstanding any limitation of liability in any other law, compensation must be paid in full. (2) Without prejudice to any other means of proof available— (a) a ship is deemed to have been lost with all hands on board if it is shown by an official return produced out of official custody or other evidence that the ship left a port of departure at least 12 months before the institution of proceedings under this Act and has not been heard of since that departure; and (b) a duplicate agreement or list of the crew of a ship lost with all hands made out and produced by the proper officer out of official custody is, in the absence of proof to the contrary, sufficient evidence that the sailors named were on board at the time the ship was lost. ***port*** includes place or harbour; ***sailor*** means any person working on board a ship; ***ship*** has the same meaning as in section 37.