Chapter 1

[1]        Votes and Proceedings, No. 11, 13 October 2016, p. 211.

[2]        Journals of the Senate, No. 15, 10 November 2016, p. 448.  

[3]        Senate Standing Committee on Education and Employment, Seafarers and Other Legislation Amendment Bill 2016 and related bills, www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_and_Employment/SeafarersBill45th (accessed 21 November 2016).

[4]        The Seacare scheme, currently administered by the Seacare Authority, is a national scheme of occupational health and safety, rehabilitation and workers' compensation arrangements which applies to defined seafarers and, in the case of occupational health and safety, to defined third parties.

[5]        Seafarers and Other Legislation Amendment Bill 2016, Statement of Compatibility with Human Rights, Explanatory Memorandum, p. ii.

[6]        Seafarers and Other Legislation Amendment Bill 2016, Statement of Compatibility with Human Rights, Explanatory Memorandum, p. i.

[7]        Senate Standing Committee on Scrutiny of Bills, Alert Digest 8/16, 9 November 2016,
pp. 40–45.

[8]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest 8/16, 9 November 2016,
p. 40.

[9]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest 8/16, 9 November 2016,
p. 41.

[10]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest 8/16, 9 November 2016,
p. 42.

[11]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest 8/16, 9 November 2016,
p. 44.

Chapter 2

[1]        Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. vii.

[2]        Seafarers Safety, Rehabilitation and Compensation Authority, Annual Report 2015-16, p. 2.

[3]        Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. vii.

[4]        Seafarers Safety, Rehabilitation and Compensation Authority, Annual Report 2015-16, p. 2.

[5]        Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. iv.

[6]        For an overview see Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, pp. iv, vii; Department of Employment, Submission 2, p. 4.

[7]        Peter Hanks, Safety, Rehabilitation and Compensation Act review report- February 2013, https://docs.employment.gov.au/system/files/doc/other/src_act_review_report.pdf (accessed 10 December 2016).

[8]        Allan Hawke, Safety, Rehabilitation and Compensation Act review: report of the Comcare scheme's performance, governance and framework, https://docs.employment.gov.au/system/files/doc/other/src_act_review_hawke_final_report.pdf (accessed 10 December 2016).

[9]        Robin Stewart-Crompton, Review of the Seacare scheme, https://docs.employment.gov.au/system/files/doc/other/review_of_the_seacare_scheme_report.pdf (accessed 10 December 2016).

[10]      Department of Employment, Supplementary Submission 2.1, Attachment A.

[11]      Department of Employment, Supplementary Submission 2.1, [p. 1].

[12]      Samson Maritime Pty Ltd v Aucote (2014) FCAFC 182.

[13]      Senate Education and Employment Legislation Committee, Seafarers Rehabilitation and Compensation and Other Legislation Amendment Bill 2015 [Provisions], March 2015, p. 2.

[14]      Senate Education and Employment Legislation Committee, Seafarers Rehabilitation and Compensation and Other Legislation Amendment Bill 2015 [Provisions], March 2015, p. 5; Maritime Union of Australia, Submission 4, p. 17; Australian Mines and Metals Association, Submission 3, pp. 4–5.

[15]      The Hon. Angus Taylor MP, House of Representatives Hansard, 24 March 2015, pp. 3146–7.

[16]      Senate Education and Employment Legislation Committee, Seafarers Rehabilitation and Compensation and Other Legislation Amendment Bill 2015 [Provisions], March 2015.

[17]      Senate Education and Employment Legislation Committee, Seafarers Rehabilitation and Compensation and Other Legislation Amendment Bill 2015, March 2015, p. 7.

[18]      Seafarers and Other Legislation Amendment Bill 2016, Explanatory Memorandum, p. i; see also Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. iv.

[19]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. iv.

[20]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. iv.

[21]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. xv.

[22]      Seafarers and Other Legislation Amendment Bill 2016, Explanatory Memorandum, p. i.

[23]      Seafarers and Other Legislation Amendment Bill 2016, Explanatory Memorandum, p. i.

[24]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. ix.

[25]      Seafarers and Other Legislation Amendment Bill 2016, Explanatory Memorandum, p. i; Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. viii.

[26]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. viii.

[27]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. viii.

[28]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. viii.

[29]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. ix.

[30]      Seafarers and Other Legislation Amendment Bill 2016, Explanatory Memorandum, p. ii.

[31]      These vessels are excluded from workers' compensation coverage only. See Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. xvii.

[32]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. xvii.

[33]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. xvii.

[34]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. xvii.

[35]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. xvii.

[36]      Seafarers and Other Legislation Amendment Bill 2016, Explanatory Memorandum, p. ii.

[37]      Seafarers and Other Legislation Amendment Bill 2016, Explanatory Memorandum, p. ii.

[38]      Department of Employment, Submission 2, p. 6.

[39]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. xiv.

[40]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. xiv.

[41]      Seafarers and Other Legislation Amendment Bill 2016, Explanatory Memorandum, p. iii.

Chapter 3

[1]        Department of Employment, Submission 2, p. 10.

[2]        Australian Mines and Metals Association, Submission 3, p. 1; Maritime Industry Australia Limited, Submission 1, p. 5.

[3]        Australian Council of Trade Unions, Submission 5, p. 5; Maritime Union of Australia, Submission 4, p. 39.

[4]        Maritime Union of Australia, Submission 4, p. 39; Maritime Industry Australia Limited, Submission 1, p. 8; Australian Mines and Metals Association, Submission 3, p. 6; and Department of Employment, Submission 2, p. 5.

[5]        Maritime Union of Australia, Submission 4, p. 40; Australian Council of Trade Unions, Submission 5, p. 6; Australian Mines and Metals Association, Submission 3, p. 8; and Maritime Industry Australia Limited, Submission 1, p. 12.

[6]        Maritime Union of Australia, Submission 4, pp. 39–40; Australian Council of Trade Unions, Submission 5, p. 5 ; and Maritime Industry Australia Limited, Submission 1, p. 13.

[7]        Maritime Industry Australia Limited, Submission 1, p. 3; Department of Employment, Submission 2, p. 4;  Australian Mines and Metals Association, Submission 3, pp. 1–2.

[8]        Australian Maritime Officers Union, Submission 6, p. 15.

[9]        Department of Employment, Submission 2, pp. 5 and 7.

[10]      Department of Employment, Submission 2, p. 5.

[11]      Maritime Industry Australia Limited, Submission 1, p. 8.

[12]      Maritime Union of Australia, Submission 4, p. 7.

[13]      Department of Employment, Submission 2, p. 8.

[14]      Department of Employment, Submission 2, p. 5.

[15]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. xviii.

[16]      Australian Council of Trade Unions, Submission 5, pp. 2–3.

[17]      Australian Mines and Metals Association, Submission 3, p. 8.

[18]      Maritime Industry Australia Limited, Submission 1, p. 12.

[19]      Australian Maritime Officers Union, Submission 6, p. 15.

[20]      The bill provides for injured seafarers to receive compensation until they reach retirement age at which point they must rely on the aged pension or their superannuation. Maritime Union of Australia, Submission 4, p. 40; Seafarers and Other Legislation Amendment Bill 2016, Notes on Clauses, Explanatory Memorandum, p. 30.

[21]      Maritime Union of Australia, Submission 4, p. 40.

[22]      Australian Council of Trade Unions, Submission 5, p. 6.

[23]      Maritime Industry Australia Limited, Submission 1, pp. 12–13.

[24]      Maritime Industry Australia Limited, Submission 1, p. 13.

[25]      Department of Employment, Submission 2, p. 9.

[26]      Australian Mines and Metals Association, Submission 3, p. 2;  Maritime Union of Australia, Submission 4, pp. 39–40; Australian Council of Trade Unions, Submission 5, p. 5; Maritime Industry Australia Limited, Submission 1, p. 13.

[27]      Australian Council of Trade Unions, Submission 5, p. 5.

[28]      Maritime Union of Australia, Submission 4, p. 11

[29]      Maritime Union of Australia, Submission 4, p. 12, 39–40.

[30]      Maritime Industry Australia Limited, Submission 1, p. 13.

[31]      Australian Council of Trade Unions, Submission 5, p. 5.

[32]      Department of Employment, Submission 2, p. 10.        

[33]      Department of Employment, Submission 2, p. 10.

[34]      Maritime Industry Australia Limited, Submission 1, p. 3; Department of Employment, Submission 2, p. 4;  Australian Mines and Metals Association, Submission 3, pp. 1–2.

[35]      For an overview of the consultation process in the development of the bills package, see chapter 2 of this report and Department of Employment, Supplementary Submission 2.1.  

[36]      Department of Employment, Submission 2, p. 5.

[37]      Seafarers and Other Legislation Amendment Bill 2016, Regulation Impact Statement, p. xxxv.

[38]      Seafarers and Other Legislation Amendment Bill 2016, Explanatory Memorandum, p. 8.

[39]      Seafarers and Other Legislation Amendment Bill 2016, Notes on Clauses, Explanatory Memorandum, p. 9.

Labor Senators' Dissenting Report

[1]        Department of Employment, Submission 2, p. 5.

[2]        For example Maritime Industry Australia Limited, Submission 1; the Australian Mines and Metals Association, Submission 3; Australian Council of Trade Unions, Submission 5; and the Maritime Union of Australia, Submission 4.

[3]        Australian Council of Trade Unions, Submission 5, pp. 2–3.

[4]        Australian Council of Trade Unions, Submission 5, p. 6.

[5]        Maritime Union of Australia, Submission 4, p. 40; Australian Council of Trade Unions, Submission 5, p. 6; Maritime Industry Australia Limited, Submission 1, pp. 12–13.

[6]        Maritime Union of Australia, Submission 4, p. 11

[7]        Maritime Union of Australia, Submission 4, p. 12.

[8]        Maritime Industry Australia Limited, Submission 1, p. 13.

Australian Greens Senators' Dissenting Report

[1]        Maritime Union of Australia, Submission 1, pp. 8–10.

[2]        Australian Council of Trade Unions, Submission 5, p. 3.