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ANNUAL REPORT 2012–13

Seacare

B

PUBLICATION DETAILS

Published by Comcare © Commonwealth of Australia 2013

SEA07—2012–13 edition

This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. All other rights are reserved. Requests and inquiries concerning reproduction and rights should be addressed to the Intellectual Property Branch, Department of Communications, Information Technology and the Arts,

GPO Box 2154, Canberra ACT 2601 or by email to [email protected]

CONTACT OFFICER

For further information concerning this publication, please contact:

Assistant Director Seacare Management Section Seafarers Safety, Rehabilitation and Compensation Authority

GPO Box 9905 CANBERRA ACT 2601

Phone: (02) 6275 0070 Facsimile: (02) 6275 0067 Email: [email protected] Website: www.seacare.gov.au

ACKNOWLEDGEMENT

Throughout this report the Seafarers Safety, Rehabilitation and Compensation Authority is referred to as the Seacare Authority or the Authority. Seacare is the registered trading or business name of the Seacare scheme of occupational health and safety, rehabilitation and compensation.

Content, design and layout: Comcare and New Age Graphics

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GPO Box 9905, Canberra ACT 2601 | P: 02 6275 0070 | F: 02 6275 0067 | E: [email protected]

Letter of transmittal to the Minister

LETTER OF TRANSMITTAL TO THE MINISTER

Senator the Hon Eric Abetz Minister for Employment Parliament House CANBERRA ACT 2600 Dear Minister Pursuant to subsection 125A(1) of the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act), I am pleased to present the Annual Report on the activities of the Seafarers Safety, Rehabilitation and Compensation Authority for the financial year ended 30 June 2013. This Annual Report includes a report on the operation of the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act) and regulations, pursuant to subsection 114(1) of the OHS (MI) Act. The report includes information on the operation of the Seafarers Safety Net Fund following a declaration on 10 April 2002 under section 100 of the Seafarers Act that the Authority has the functions, powers and obligations of the Fund from that date. As that declaration also invoked the operation of the Seafarers Rehabilitation and Compensation Levy Act 1992 and Seafarers Rehabilitation and Compensation Levy Collection Act 1992, this report addresses the operation of those Acts, and regulations made under those Acts, for the period ending 30 June 2013. I certify that I am satisfied that:

• fraud risk assessments and fraud control plans have been prepared that comply with the Commonwealth Fraud Control Guidelines

• appropriate fraud prevention, detection, investigation and reporting procedures and processes are in place

• annual fraud data has been collected and reported that complies with the Commonwealth Fraud Control Guidelines.

Yours sincerely David Sterrett Chairperson 14 October 2013

ii TABLE OF CONTENTS

Table of contents

Chairperson’s report vi

CHAPTER 1: THE OPERATIONS OF THE SEACARE AUTHORITY 1

1.1 Functions of the Seacare Authority 2

1.2 Seacare Authority members 7

1.3 Membership changes during 2012–13 9

1.4 Meeting attendance 9

1.5 Seacare Authority working groups 11

1.6 Public accountability 11

1.7 Administrative support 14

1.8 The Portfolio Budget Statement for the Seacare function 14

1.9 Other reporting requirements 14

CHAPTER 2: THE SEACARE AUTHORITY—PERFORMANCE OF ITS STATUTORY FUNCTIONS 15

2.1 Seacare Authority major initiatives and outcomes 2012–13 16

2.2 Seacare Authority strategic objectives 17

2.3 Activities report 18

2.4 Seacare scheme review 27

2.5 Communications 29

2.6 2012 Seacare Awards and Conference 30

CHAPTER 3: OPERATION OF THE SEAFARERS SAFETY NET FUND 33

3.1 The Seafarers Safety Net Fund 34

3.2 Background and developments 34

3.3 Fund administration 35

3.4 Reserves to underwrite claims on the Seafarers Safety Net Fund 35

3.5 Rate of levy 35

3.6 Levy collection 36

3.7 Claims on the Seafarers Safety Net Fund 36

3.8 Waivers of levy debts 36

3.9 Fund financial statements 36

iiiTABLE OF CONTENTS

CHAPTER 4: SEACARE SCHEME PERFORMANCE 37

4.1 Scheme performance overview 38

4.2 Data sources 38

4.3 Performance reports methodology 40

4.4 Workers’ compensation claims data relative to previous years 42

4.5 OHS outcomes 44

4.6 OHS compliance and the inspectorate’s activities 52

4.7 Workers’ compensation outcomes 54

4.8 Dispute resolution in the Seacare scheme 58

4.9 Rehabilitation and return to work performance 61

APPENDIX 1: SEACARE AUTHORITY FINANCIAL STATEMENTS 65

APPENDIX 2: SEACARE AUTHORITY PUBLICATIONS 83

APPENDIX 3: SEACARE SCHEME EMPLOYERS, OPERATORS AND SHIPS 87

GLOSSARY 101

INDEX 105

iv

List of tables

Table 1: Seacare Authority meeting attendance (2012–13) 10

Table 2: Accredited health and safety representative training courses 20

Table 3: Section 20A exemptions granted under the Seafarers Act 23

Table 4: Levy collection summary 36

Table 5: Seacare aggregated claims data 42

Table 6: Seafarers Act—employee numbers and hours worked 43

Table 7: Incidence rates against 10 year injury reduction targets 47

Table 8: OHS Inspectorate activity summary 53

Table 9: Ratio of reported incidents to seafarers 54

Table 10: Seacare insurance premium rates 55

Table 11: Claims payment summary—costs type by amount—$’000 56

Table 12: Injury occurrence to claim lodgement 56

Table 13: Date of injury to assessment of capability of undertaking rehabilitation 57

Table 14: Receipt of claim to end of compensation 57

Table 15: Reconsiderations 58

Table 16: Outcome of AAT review of decisions 59

Table 17: Seacare scheme dispute rate 60

Table 18: Rehabilitation and return to work outcomes (percentage against claims of 28 days or more) 61

Table 19: Nature of duties on return to work 61

Table 20: Seacare return to work compared to national performance 63

Table 21: Seacare return to work trend data 63

Table 22: Experience and perceptions of injured workers 64

LIST OF TABLES

v

List of figures

Figure 1: Accepted compensation claims by sector 44

Figure 2: Incidence rate of compensated injury and disease resulting in one week or more compensation 45

Figure 3: Incidence rate of compensated injury and disease resulting in 12 weeks or more compensation 45

Figure 4: Frequency rate of injury and disease resulting in one week or more incapacity 46

Figure 5: Seacare injury incidence rate—progress against targets 48

Figure 6: Proportion of accepted claims by occupational grouping 49

Figure 7: Proportion of accepted claims by age range 49

Figure 8: Proportion of accepted claims by location on the ship 50

Figure 9: Proportion of accepted claims by bodily location 50

Figure 10: Proportion of accepted claims by mechanism of incident 51

Figure 11: Proportion of accepted claims by nature of injury/disease 51

LIST OF FIGURES

vi CHAIRPERSON’S REPORT

Chairperson’s report

I am pleased to make this report on the activities of the Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority) to the Minister for Employment, Senator the Hon Eric Abetz, to the Australian Parliament and to the Australian maritime industry.

The Seacare Authority is the regulator of occupational health and safety (OHS), workers’ compensation and rehabilitation for seafarers on applicable vessels within the Australian maritime industry. The Seacare Authority is created by and administers the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act). The Seafarers Act establishes a workers’ compensation and rehabilitation scheme for seafarers injured in the course of their employment on prescribed ships engaged in interstate, intra-territorial and international trade or commerce (Seacare

scheme). The Seacare Authority has OHS responsibilities under the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act) together with the Australian Maritime Safety Authority (AMSA) which performs the OHS inspectorate function for the Seacare scheme.

The past year has been a time of significant change for the Australian maritime industry. As noted last year, legislation to give effect to the shipping reform package was passed and came into effect from July 2012. Additionally, in March 2013 the Navigation Act 2012 was proclaimed to commence from July 2013. The implementation of this legislation represents significant reforms to the Australian maritime industry.

As the regulator for the Seacare scheme, the Seacare Authority aims to take a leading role in minimising the human and financial costs of workplace injury in the Australian maritime industry. For this reason the Seacare Authority welcomed the announcement of the review of the Seacare scheme in October 2012 as an opportunity to modernise and provide clarity to jurisdictional issues.

The Seacare Authority worked with the review secretariat and its Chair, Mr Robin Stewart-Crompton to identify work health and safety, workers’ compensation and rehabilitation arrangements that represent best practice and appropriate for the current maritime environment. Reduction of workers’ compensation premium was also a focus to ensure the scheme does not impose an undue financial burden on Australian maritime industry employers. The Seacare Authority will continue to work closely with the Government in this regard.

Of importance to the Seacare Authority is reducing the incidence of workplace injuries and fatalities in the scheme. I am pleased to report that there has been a reduction in the incidence of workplace injuries compared with recent years. In order to maintain its focus on work health and safety, including continual reduction of injury incidence rates, the Seacare Authority approved the joint Seacare Authority/AMSA OHS Plan 2013–2018 in March 2013. This plan reflects both the Seacare Scheme Occupational Health and Safety Regulation Policy and the Australian Work Health and Safety Strategy 2012–2022. Further details on the performance of the scheme are provided in Chapter 4 of the Report.

viiCHAIRPERSON’S REPORT

The Seacare Authority continues to manage the Seafarers Safety Net Fund (the Fund). The Fund provides for compensation benefits to be paid to injured seafarers when there is no extant employer against whom a claim can be lodged. The Seacare Authority has ensured the Fund’s target reserve amount is achieved and will continue to monitor the level of the Fund and levy returns to ensure that sufficient funds are available to meet any claims and administration expenses. During 2012–13, one claim was accepted against the Fund. Further details on the administration of the Fund are contained in Chapter 3 of the report.

The Seacare Authority continued to engage the Seacare scheme’s stakeholders through a range of activities. In October 2012, the Seacare Authority conducted a successful Awards and Conference event in Sydney. I am pleased to report that a record number of participants attended the Conference and a high level standard of Seacare Award winners and finalists. Three Seacare Award winners were selected as finalists for the national Safe Work Australia Awards. Based on the success of the 2011 Injury Prevention Forum, the Seacare Authority will be holding a Seafarers’ Forum in November 2013. The 2013 forum will be held in Western Australia and will focus on work health and safety and rehabilitation in the Australian maritime industry.

I wish to record my thanks and gratitude to all members and deputy members of the Seacare Authority who continue to demonstrate a strong commitment to making the maritime industry a safer place to work as well as showing a compassionate approach to the treatment of seafarers who sustain an injury or contract a work-related disease.

I also wish to acknowledge the important role played by AMSA as the OHS Inspectorate for the Seacare scheme and thank the staff of AMSA for their valuable contribution to the work of the Seacare Authority.

Finally, I would like to record the Seacare Authority’s appreciation for the work of the staff of Comcare, including its senior executives who represent the Seacare Authority in key national forums such as Heads of Workers’ Compensation Authorities and the Heads of Workplace Safety Authorities, and particularly the staff of the Seacare Management Section for their significant contribution to the effective running of the Seacare Authority’s meetings and all its functions.

I commend this annual report to readers with an interest in the Australian maritime industry.

David Sterrett Chairperson 2 October 2013

viii CHAPTER 1: THE OPERATIONS OF THE SEACARE AUTHORITY

1CHAPTER 1: THE OPERATIONS OF THE SEACARE AUTHORITY

CHAPTER 1:

THE OPERATIONS OF THE

SEACARE AUTHORITY

2 CHAPTER 1: THE OPERATIONS OF THE SEACARE AUTHORITY

1.1 Functions of the Seacare Authority

The Seacare Authority is a statutory body established under the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act). It is located within the portfolio responsibilities of the Minister for Employment (the Minister). Members of the Authority—apart from the CEO of the Australian Maritime Safety Authority (AMSA)—are appointed by the Minister under the Seafarers Act.

The Seacare Authority is not a body corporate and does not employ its own staff. To enable it to perform its functions and exercise its powers, section 72A of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) requires Comcare to provide the Seacare Authority with secretariat support and other assistance, and to make available the services of such members of its staff as the Seacare Authority reasonably requires.

The Seacare Authority performs functions under the Seafarers Act as well as functions conferred on it by the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act) and associated Regulations. The Seacare Authority is the regulator of workers’ compensation, rehabilitation, and occupational health and safety (OHS) for defined sections of the Australian maritime industry. This scheme of workers’ compensation, rehabilitation and OHS is known as the Seacare scheme.

The Seacare Authority’s functions under the Seafarers Act (section 104) are to:

> monitor the operation of the Seafarers Act

> promote high claims management operational standards and employers’ use of effective rehabilitation procedures

> cooperate with other bodies or persons with the aim of reducing employees’ incidence of injuries

> publish material relating to the above functions

> formulate policies and strategies relating to employees’ health and safety

> accredit OHS training courses for the purposes of section 47 of the OHS(MI) Act

> advise the Minister about anything relating to the Seacare Authority’s functions and powers as well as other matters relating to employees’ compensation and rehabilitation

> perform such other functions as are conferred on the Seacare Authority by the Seafarers Act or any other Act.


The Seacare Authority’s functions under the OHS(MI) Act (section 9) are to:

> ensure, in accordance with the OHS(MI) Act and Regulations, that the obligations imposed by or under the Act are complied with

> advise operators, employees or contractors on OHS matters—either at the Seacare Authority’s own initiative or upon being asked

> collect, interpret and report information relating to OHS

> formulate policies and strategies relating to employees’ health and safety

> accredit OHS training courses for the purposes of section 47 of the OHS(MI) Act

> liaise with other bodies concerned with OHS

> advise the Minister on

– the most effective means of giving effect to the objects of the OHS(MI) Act

– the making of Regulations under the OHS(MI) Act

– the approval of Codes of Practice under subsection 109(1) of the OHS(MI) Act.

The Seacare Authority also manages the maritime industry’s Seafarers Safety Net Fund (the Fund) and administers the Seafarers Rehabilitation and Compensation Levy Act 1992 (Levy Act), the Seafarers Rehabilitation and Compensation Levy Collection Act 1992 (Levy Collection Act), and Regulations made under these Acts.

Under the Levy Act the Seacare Authority must advise the Minister on:

> the need to ensure that the Fund has adequate financial reserves for its prudential management

> reasonable estimates of the Fund’s present and future liabilities under the Seafarers Act

> the cost of administering the Authority in connection with the performance or exercise of the Fund’s functions, powers and obligations.

The Seacare Authority is responsible for ensuring that employers comply with their obligations under the Levy Collection Act and Regulations.

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1.1.1 Seacare scheme organisation chart

Minister for Employment

Department of Employment

Seafarers Safety, Rehabilitation and Compensation Authority

(Seacare Authority)

Australian Maritime Safety Authority (OHS Inspectorate)

Employee representatives

Comcare

represented on

consults appoints members

advises and

reports to

CEO represented

on

provides staff for

Provides principal policy advice on Seacare scheme legislation

supports

Seacare Management Section

Employer representatives

CHAPTER 1: THE OPERATIONS OF THE SEACARE AUTHORITY


1.1.2 Seacare scheme coverage

The Seafarers Act applies to seafarers and trainees employed on prescribed ships who are engaged in intra-territorial or interstate trade or commerce, or who trade or commerce to places, or between places, outside Australia. A prescribed ship is one to which Part II of the Navigation Act 1912 applies but does not include a government ship. This includes:

> certain ships registered in Australia

> ships otherwise registered and engaged in the coasting trade

> ships of which the majority of the crew are Australian residents and the entity with its principal place of business in Australia.

The OHS(MI) Act applies to all ship operators, employees, contractors and other persons working on a prescribed ship engaged in intra-territorial or interstate trade or commerce, or who trade or commerce to places, or between places, outside Australia. The OHS(MI) Act also covers prescribed units, being certain offshore industry mobile units (a vessel or structure used in exploring or exploiting the natural resources of the seabed). The OHS(MI) Act does not cover ships that voyage within a state, or government ships or vessels to which the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies.

The Seafarers Act also applies to employment on prescribed ships where a section 8A (for offshore industry vessels) or section 8AA (for trading ships) declaration under the Navigation Act 1912 is in force. Similarly, the OHS(MI) Act applies to offshore industry vessels where a section 8A declaration is in force, and to trading ships where a section 8AA declaration is in force.

From 1 July 2012, the Seafarers and OHS(MI) Acts were amended by the Coastal Trading (Revitalising Australian Shipping) Act 2012 to reflect the coastal trading shipping reforms.

The Seafarers Act was amended to include vessels engaged in coastal trading under a general or emergency licence which are registered on the Australian General Shipping Register. Vessels registered under the Australian International Shipping Register are not covered by the Seafarers Act.

In addition, the OHS(MI) Act was amended to include vessels engaged in coastal trading under:

> general licences

> temporary licences if the vessel is registered under the Australian International Shipping Register

> emergency licences if the vessel is registered under either the Australian International Shipping Register or Australian General Shipping Register.

On 18 March 2013, the Navigation Commencement Proclamation 2013 was executed by the Governor-General, which established the Navigation Act 2012 commencing on and from 1 July 2013. Accordingly, the Navigation (Consequential Amendments) Act 2012 (consequential amendments) will amend the Seafarers Act and OHS(MI) Act from 1 July 2013.

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The key changes introduced by the consequential amendments include:

> Definition of ‘prescribed ship’—the new definition repeals reference to the Navigation Act 1912 but maintains the current definition by providing that a prescribed ship is a ship to which Part II of the Navigation Act 1912 would apply if that Act had not been repealed.

> Ministerial declaration—new provisions are introduced to allow the Minister to declare, by legislative instrument, that a ship is or is not a prescribed ship, or for the purposes of the OHS(MI) Act, that a vessel or structure is or is not a prescribed unit.

> Definition of ‘seafarer’ under the Seafarers Act—the consequential amendments repeal the current definition of a seafarer and adopt the Navigation Act 2012 definition which applies to a seafarer employed in any capacity on a prescribed ship, on the business of the ship.

> Definition of ‘employee’ under the OHS(MI) Act—all reference to ‘articles of agreement’ is repealed and the definition of employee is amended to include a person who is on board and to whom a work agreement is in force for the purposes of the Navigation Act 2012.

> Sections 8A and 8AA declarations—the consequential amendments apply the Seafarers Act and OHS(MI) Act to vessels covered by sections 8A and 8AA immediately before the repeal of the Navigation Act 1912.

> Seacare Authority declaration—new provisions are introduced which allow the Authority to declare that the Seafarers Act applies or does not apply to a vessel that would be an off shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912.

The intention of the amendments is to maintain the status quo in regards to scheme coverage pending the outcomes and recommendations of the Seacare scheme review.

Detail on the coverage of the Seafarers Act, including application provisions and coverage tests, is available on the Seacare website.

1.1.3 Seacare scheme key facts and statistics 2012–13

> There was one work-related fatality recorded in the Seacare scheme. (Source: Seacare Authority)

> There were 8486 employees covered under the Seafarers Act during the year, working for 31 employers. The full-time equivalent (FTE) value is calculated to be 5273 seafarers. (Source: Seacare Authority)

> The number of FTE seafarers covered under the OHS(MI) Act was 5293, working for 35 employers. (Source: Seacare Authority)

> The employees covered by the Seafarers Act were engaged on 359 ships—77 in the Bluewater sector, 220 in the Offshore sector and 62 in other sectors (passenger and tourism, dredging and aquaculture). (Source: Seacare Authority)

> Around 30 per cent of seafarers were employed in the Bluewater sector, 54 per cent in the Offshore sector, and 16 per cent in other sectors (Passenger and Tourism, Dredging and Aquaculture). (Source: Seacare Authority)

> The incidence rate of injury and disease resulting in on week or more incapacity was 30.3 injuries per 1000 seafarers. (Source: Seacare Authority)


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> The frequency rate of injury and disease resulting in one week or more incapacity was 7.0 per one million hours worked (Source: Seacare Authority)

> There were 63 OHS incidents, including 54 involving personal injury, reported to the OHS Inspectorate. (Source: AMSA)

> The OHS Inspectorate undertook 41 proactive investigations in 2012–13. AMSA issued one prohibition and 31 improvement notices resulting from these investigations. No prosecutions were commenced. (Source: AMSA)

> There were 232 workers’ compensation claims lodged and reported to the Seacare Authority, 215 claims were accepted. (Source: Seacare Authority)

> Five insurance companies—Allianz, QBE, CGU, Liberty, GIO-Vero—wrote workers’ compensation insurance policies against the Seafarers Act. (Source: Seacare Authority)

> The workers’ compensation premium pool or premium income collected by insurers was approximately $20.3 million in 2011–12, the latest year for which data is available. The declared wages pool was $1033.3 million which saw the average raw premium rate across the industry at 1.97 per cent. (Source: Seacare scheme insurers and Taylor Fry Pty Ltd)

1.2 Seacare Authority members

The Seacare Authority has seven members. The Minister appoints a chairperson, deputy chairperson, two members representing employers and two members representing employees. The CEO of AMSA is an ex officio member of the Seacare Authority.

Membership of the Seacare Authority as at 30 June 2013 was:

David Sterrett, Chairperson

Mr Sterrett concluded eight years as Chair of the Australian Maritime College Board in December 2011 and has held numerous other positions in the maritime industry. These include Vice Chairman of the International Chamber of Shipping, Chairman of the Asian Shipowner’s Forum, Chairman of the Australian Shipowners Association and member of the AMSA Advisory Committee. In 2007 he was awarded a Doctorate of Engineering from the Australian Maritime College.

Mr Sterrett’s five-year appointment took effect from 25 March 2010.

Paul O’Connor, Deputy Chairperson

Mr O’Connor is CEO of Comcare and was formerly CEO of Victoria’s Transport Accident Commission. Mr O’Connor is appointed from 15 December 2009 to 23 August 2014.


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Peter Bremner, Member

Mr Bremner is a consultant and was formerly General Manager Shipping, CSR Limited. He represents the interests of employers. Mr Bremner was appointed as a member of the Seacare Authority in August 2004 and is currently appointed until 13 November 2013.

Malcolm Hearnden, Member

Mr Hearnden is Manager, Swire Pacific Ship Management (Australia) Pty Ltd. He represents the interests of employers. Mr Hearnden was appointed as a member of the Seacare Authority in December 2001 and is currently appointed until 17 April 2014.

John Wydell, Member

Mr Wydell is an industrial officer with the Australian Maritime Officers Union (AMOU). He represents the interests of seafarers. Mr Wydell was appointed as a member of the Seacare Authority on 9 May 2009 and is currently appointed until 8 May 2015. Mr Wydell was a deputy member of the Seacare Authority from 2003 to 2009.

Mick Doleman, Member

Mr Doleman is the Deputy National Secretary of the Maritime Union of Australia (MUA). He represents the interests of seafarers. Mr Doleman was appointed as a member of the Seacare Authority in November 2004 and is currently appointed until 29 January 2014.

Graham Peachey, Member

Mr Peachey is the CEO of AMSA. He has been a member since 4 May 2007. Prior to his appointment as CEO of AMSA, Mr Peachey was CEO of Food Standards Australia New Zealand. Mr Peachey is member of a number of boards and committees, including the AMSA Board, Australian Maritime College Board, Australian Maritime Group, Australian National Centre for Ocean Resources and Security Advisory Board, Lloyd’s Register Advisory Committee and Marine National Facility Steering Committee. He is currently Australia’s representative on the Council of the International Maritime Organization and the International Association of Marine Aids to Navigation and Lighthouse Authorities.


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1.2.1 Seacare Authority deputy members

The Seafarers Act provides for employer and employee representative members of the Seacare Authority, with the approval of the Minister, to appoint persons to be their deputies. At 30 June 2013, members had appointed the following deputy members:

> Mr Bremner appointed Ms Teresa Lloyd

> Mr Wydell appointed Mr Martin Byrne

> Mr Hearnden appointed Mr Tony Caccamo

> Mr Doleman appointed Mr Jamie Newlyn.

The CEO of AMSA may appoint a person who is an officer or employee of AMSA to be his or her deputy. At 30 June 2013, Mr Mick Kinley was deputy for Mr Peachey.

1.3 Membership changes during 2012–13

Mr Mick Kinley was appointed as deputy to Mr Graham Peachey, replacing Mr Mal Larsen from 1 January 2013.

1.4 Meeting attendance

The Seacare Authority met five times during 2012–13. Four regular quarterly meetings were held (August, November, February and May) as required by the Seafarers Act, while one ad hoc meeting was held to consider specific issues. Table 1 outlines attendance at those meetings.


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Table 1: Seacare Authority meeting attendance (2012–13)

Meeting 10030 August 2012

Fremantle

Meeting 10123 November 2013

Melbourne

Meeting 10229 November 2013(teleconference)

Meeting 10328 February 2013

Canberra

Meeting 10430 May 2013Melbourne

Members

Mr David Sterrett

Mr Paul O’Connor

Mr Peter Bremner

Mr Mal Hearnden

Mr John Wydell

Mr Mick Doleman

Mr Graham Peachey

Deputy Members

Ms Teresa Lloyd (Hatch) ob ob ob ob

Mr Tony Caccamo ob

Mr Martin Byrne ob ob

Mr Jamie Newlyn

Mr Mal Larsen na na

Mr Mick Kinley na na na

attended meeting in full capacity

did not attend the meeting

ob attended meeting as an observer

na not applicable (no appointment)


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1.5 Seacare Authority working groups

One Seacare Authority working group operated in 2012–13.

HSR Training Accreditation Panel

Membership at 30 June 2013 was:

Employee representative—Mr Jamie Newlyn (MUA)

Employer representative—Ms Sarah Cerche (ASA)

AMSA representative—Ms Michelle Grech

1.6 Public accountability

1.6.1 Consultancy services

In 2012–13, four service provision or consultancy arrangements were undertaken for the Seacare Authority. These were:

> Collection and analysis of data relating to workers’ compensation insurance for input into the fifteenth Comparative Performance Monitoring Report and the Seacare Annual Report 2012–13.

Consultant: Taylor Fry Consulting Actuaries

Cost: $17 000

> Survey, data collection and analysis relating to return to work experiences of injured seafarers for inclusion in National Return to Work Survey 2012–13, and the Seacare Annual Report 2012–13.

Provider: The Social Research Company

Cost: $15 290*

> Provision of services in relation to the administration of the Seafarers Safety Net Fund (the Fund) and the management of the Seacare scheme claims database.

Provider: Comcare

Cost: $74 984 (paid from the Fund)

> Assessment and advice in relation to applications for health and safety representative training course accreditation.

Provider: Wellspring

Cost: $9681

* Accrued but not incurred


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1.6.2 Fraud control

The Seacare Authority follows the Commonwealth Fraud Control Guidelines 2011 to the extent they apply to its operations. Actions taken in 2012–13 to ensure that appropriate measures and systems were in place included:

> preparing risk assessments and control plans that comply with the guidelines

> establishing appropriate prevention, detection, investigation and reporting procedures

> collecting and reporting annual data that complies with the guidelines.

1.6.3 Report on legal services expenditure

Paragraph 11.1(ba) of the Legal Services Directions 2005, issued by the Attorney-General under the Judiciary Act 1903, requires chief executives of agencies subject to the Financial Management and Accountability Act 1997 to ensure that their agency’s legal services purchasing, including expenditure, is appropriately recorded and monitored. The provision also requires that, by 30 October each year, the agencies make publicly available records of the legal services expenditure for the previous financial year.

Legal services expenditure 1 July 2012–30 June 2013

Total external legal services expenditure Nil

Total internal legal services expenditure Nil

Total legal services expenditure Nil

Internal legal expenditure for the Seacare Authority is provided by the General Counsel Group of Comcare, a Commonwealth Authorities and Companies Act 1997 agency, pursuant to section 72A of the SRC Act.

1.6.4 Social justice

The objective of the Seafarers Act is to ensure that cost effective and fair compensation is provided to injured seafarers and that they are returned to work as efficiently as possible. The Seacare Authority reinforces this purpose by monitoring the operation of the Seafarers Act and promoting high operational standards of claims management and effective rehabilitation procedures by employers. The Seacare Authority also responds to requests for information about the Seacare scheme and its operation from seafarers, employers, operators, maritime unions, industry associations, insurance companies, insurance brokers, rehabilitation providers, and the legal and medical professions.

Representatives of the Seacare Authority met with employers, unions, insurance companies and lawyers during 2012–13 to explain legislative requirements and to listen to stakeholder concerns.


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1.6.5 Access and equity

In 2012–13, the Seacare Authority maintained ready access to information on rights, entitlements and obligations under the Seafarers Act by:

> maintaining and updating the Seacare website—this includes information on the role and functions of the Seacare Authority, membership details, publications, official forms, accreditation of OHS training courses, exemptions from application of the Seafarers Act, relevant legislation, links to related websites as well as the latest news on the Seacare scheme and contact details

> providing a separate email address ([email protected]) for general enquiries and correspondence for the Seacare Authority

> providing a dedicated phone line and voicemail service (02 6275 0070) to ensure that all enquiries are dealt with efficiently

> developing and distributing

– brochures to employers covered by the Seacare scheme and other interested parties

– Seacare News, a regular newsletter that provides information on Seacare scheme developments and Seacare Authority initiatives and activities

– notices to the maritime industry and other interested parties

> providing information and advice to interested parties and the public.

1.6.6 Freedom of information, Commonwealth Ombudsman requests and Privacy Act matters

In 2012–13, the Seacare Authority received one request for information under the Freedom of Information Act 1982 (FOI Act), no requests for information from the Commonwealth Ombudsman and no enquiries in relation to matters under the Privacy Act 1988.

1.6.7 Requests for information

Members of the public may obtain information about the Seacare Authority or advice on how to lodge a request for information under the FOI Act by contacting:

Seacare Management Section Comcare

GPO Box 9905 CANBERRA ACT 2601

Phone: 02 6275 0070 Fax: 02 6275 0067 Email: [email protected]


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1.7 Administrative support

The Seacare Authority does not have its own staff. Comcare makes employees available to support the Seacare function and form the Seacare Management Section (SMS), which has four full-time staff. The SMS has access to legal services, financial management, communication services, and other related corporate support services through Comcare. The SMS is responsible for supporting the Seacare Authority and for performing its day-to-day regulatory functions.

The SMS, under the Seacare Authority’s direction, is responsible for:

> secretariat, policy and strategic support to the Seacare Authority, and implementing its decisions

> administering Seacare scheme legislation and monitoring operation of the legislation

> managing the annual appropriation for supporting the Seacare function

> managing the Fund and levy collection

> monitoring and reporting on Seacare scheme performance

> preparing an annual report

> reporting to the Minister

> liaising and communicating with scheme stakeholders and other regulators

> promoting the objectives of the Seacare scheme, particularly to reduce the human and financial cost of workplace injury in the Australian maritime industry.

1.8 The Portfolio Budget Statement for the Seacare function

Support for the Seacare function is identified as Component 1.2.4 of Outcome 2 for Comcare in the Portfolio Budget Statements (PBS) issued as part of the annual Commonwealth budgetary process.

1.9 Other reporting requirements

The following annual reporting requirements relating to Seacare are detailed in the Comcare Annual Report 2012–13:

> corporate governance

> management of human resources

> purchasing

> asset management

> advertising and market research

> occupational health and safety

> ecologically sustainable development and environmental performance.

The Comcare Annual Report 2012–13 is available at www.comcare.gov.au.


15CHAPTER 2: THE SEACARE AUTHORITY—PERFORMANCE OF ITS STATUTORY FUNCTIONS

CHAPTER 2:

THE SEACARE AUTHORITY—

PERFORMANCE OF ITS STATUTORY

FUNCTIONS

16 CHAPTER 2: THE SEACARE AUTHORITY—PERFORMANCE OF ITS STATUTORY FUNCTIONS

2.1 Seacare Authority major initiatives and outcomes 2012–13

> Provided a submission and feedback to the Seacare review and provided assistance to the Review Secretariat.

> Provided a submission and feedback on the recommendations provided in the report on the review of the Seacare scheme.

> Released coverage guidelines detailing the amendments to Seacare scheme legislation resulting from the Coastal Trading (Revilalising Australian Shipping) Act 2012—including updated scheme coverage tests.

> Endorsed the Australian Work Health and Safety Strategy 2012–2022.

> Approved the Seacare Authority/AMSA OHS Plan 2013–2018 (OHS Plan)

> Provided a submission to the Office of Asbestos Safety’s Draft National Strategic Plan for Asbestos Awareness and Management.

> Commenced development of the Seacare Authority’s Agency Multicultural Plan.

> Commenced development of a Health and Safety Representative Engagement Strategy.

> Contributed to Safe Work Australia’s Comparative Performance Monitoring Report: Comparison of Work Health and Safety and Workers’ Compensation Schemes in Australia and New Zealand (14th edition).

> Contributed to Safe Work Australia’s Comparison of Workers’ Compensation Arrangements in Australia and New Zealand.

> Contributed to the National Return to Work Survey prepared for the Heads of Workers’ Compensation Authorities.

> Developed a new database for claims data management.

> Held the 2012 Seacare Conference and Awards in Sydney, during October 2012.

> Commenced planning for the 2013 Seafarers’ Forum.


2.2 Seacare Authority strategic objectives

2.2.1 Seacare 2015 Strategic Plan

The mission of the Seacare Authority is to take a leading role in minimising the human and financial cost of workplace injury in the Australian maritime industry. The Seacare Authority adopted the Seacare 2015 Strategic Plan (the Plan) in August 2011. The Plan gives effect to the mission of the Seacare Authority and provides strategic direction to the Seacare Authority and the Seacare scheme.

The Seacare Authority has framed the strategic priorities of the Plan around three themes—injury prevention, injury management and rehabilitation, and scheme sustainability.

The objectives of the Plan are to:

> prevent workplace deaths and reduce the incidence of workplace injury and disease in the Australian maritime industry

> ensure best practice outcomes through effective regulation of how seafarers are supported in their recovery, return to work and compensation following workplace injury

> contribute to a strong, viable Australian maritime industry by ensuring a fair, efficient and effective system of OHS and workers’ compensation.

The strategic priorities in the Plan provide the focus of activity for the Seacare Authority through to 2015. They include:

> Injury prevention

– Promote worker health, wellbeing and resilience—by improving the health of seafarers they will be more resilient, less likely to be injured and more likely to recover quickly if injured.

– Prevent harm in maritime workplaces—preventing injuries and disease will reduce the human and financial cost of workplace injuries.

– Transition to national workplace health and safety laws—a seamless transition to the new laws will reduce the burden of regulation on employers and improve safety outcomes in workplaces.

> Injury management and rehabilitation

– Improve injury management practices—improving injury management will improve outcomes for injured seafarers and reduce costs to employers.

– Improve decision making—improved decision making will result in less disputation, reduce delay and uncertainty, and encourage earlier rehabilitation interventions.

– Improve rehabilitation and return to work outcomes—improved rehabilitation and return to work will reduce costs to employers, improve the quality of life for injured seafarers and enhance support for their families.


> Scheme sustainability

– Ensuring scheme represents value for money—exploring options to scheme funding and services provision to improve cost effectiveness.

– Maintaining viability of the scheme in a changing industry environment—ensuring the scheme keeps pace with the changing nature of the industry and community standards.

– Maintaining a sound safety net—ensuring an adequate safety net in the event of an employer default.

The strategic priorities are supported by a range of activities designed to deliver on the intent of the objectives and priorities.

A set of key performance indicators and targets have been developed to measure progress against the Plan. Details on scheme performance are provided in Chapter 4.

2.3 Activities report

2.3.1 Occupational health and safety

Co-regulatory approach

Seacare Scheme Occupational Health and Safety Regulation Policy

The Seacare Authority and the Australian Maritime Safety Authority (AMSA) both have regulatory functions under the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act).

In order to ensure that duties imposed under the OHS(MI) Act are complied with and that both regulators are operating in a consistent fashion, the Seacare Authority and AMSA have adopted a co-regulatory approach.

To give effect to this approach, the Seacare Authority and AMSA have agreed to a Memorandum of Understanding (MoU) to define the relationship and articulate consultative arrangements between the two bodies.

Consistent with the co-regulatory approach, the Seacare Authority and AMSA have agreed to a Seacare Scheme Occupational Health and Safety Regulation Policy (Regulation Policy). The Regulation Policy is based on the National Occupational Health and Safety Compliance and Enforcement Policy endorsed by Safe Work Australia members and the Workplace Relations Ministers Council in 2011.


Seacare Authority/AMSA OHS Plan 2013–2018

As part of the MoU, the Seacare Authority and AMSA are required to develop a joint annual OHS Plan to cover priorities and programs for OHS awareness and education, OHS prevention and compliance. During 2012–13, the Seacare Authority and AMSA developed the 2013–2018 OHS Plan based on the Regulation Policy and the Australian Work Health and Safety Strategy 2012–2022. The OHS Plan identifies key OHS priorities and actions over the next five years to form the basis of an annual plan. The following priorities were adopted for 2013:

> monitor and contribute to the national strategic plan developed by the Office of Asbestos Safety

> conduct events focused on safety culture, leadership and change

> review and improve data collection procedures and OHS reporting.

Details on the activities of AMSA as the OHS Inspectorate are provided in Chapter 4.

Asbestos in the Seacare scheme

During 2012–13, the Office of Asbestos Safety released the National Strategic Plan for Asbestos Awareness and Management discussion draft for comment. In May 2013, the Seacare Authority provided a submission into the discussion draft. In its submission, the Seacare Authority indicated that it supports a national plan for asbestos awareness and safety that:

> aims to eliminate all asbestos and asbestos containing material from Australian maritime workplaces

> features programs, initiatives and strategies that are developed in consultation with relevant maritime stakeholders to address asbestos awareness and management in Australian maritime workplaces

> prioritises injury prevention as a key deliverable for one or more of the prescribed strategies

> considers the appropriateness of frameworks for the eradication and management of asbestos in vessels operating in the Australian maritime industry

> where appropriate maintains consistency with best practice international maritime conventions and obligations relating to asbestos awareness and management.

Accreditation of health and safety representative training courses

One of the Seacare Authority’s primary objectives in health and safety representative (HSR) training is to ensure that accreditation of courses provides for competency standards equivalent to the highest national standards. In addition, HSRs need to have the capabilities to perform their functions under the OHS(MI) Act.

In 2012–13, the Seacare Authority accredited three HSR training courses in accordance with its HSR Training Course Accreditation Guidelines. The guidelines can be accessed from the Seacare website.

Table 2 summarises the training delivered over the last five years. It indicates that there has been a significant number of courses held and a large number of seafarers undertaking accredited HSR training each year.


Table 2: Accredited health and safety representative training courses

2008–09 2009–10 2010–11 2011–12 2012–13

Courses delivered 17 17 14 13 24

Completions 134 150 127 90 220

Source: Providers of Seacare scheme accredited HSR training courses

2.3.2 Injury management and return to work

Claims management

The Seacare Authority provides advice to employers and seafarers on obligations and rights under the legislation and on best practice claims management.

The Seacare Authority has adopted a three-stage strategy to improve claims management practices in the Seacare scheme. The first stage involved the publication of a Best Practice Claims Management Handbook. The handbook was launched at the 2010 Seacare Conference as part of a best practice claims management workshop. The handbook provides guidance to employers and insurers on legislative requirements and what constitutes best practice in claims management.

The other two stages of the strategy involve the redesign of the Seacare workers’ compensation claim forms and the Seacare Authority’s information brochures. The approved forms and brochures were circulated to the industry and relevant stakeholders in August 2012.

Workers’ compensation data collection

The Seacare Authority gathers and records workers’ compensation data from duplicate copies of claim forms provided by employers. Scheme employers are required to forward a duplicate copy of every claim lodged by an employee to the Seacare Authority (using the claim forms approved by the Seacare Authority). As part of the claims data gathering process, the Seacare Authority seeks updated claims history information from employers through a six-monthly claim update report.

The data collected is used to inform the Seacare Authority, and is the basis of data submitted to Safe Work Australia for the national Comparative Performance Monitoring Report (CPM Report), national OHS statistics collection, the return to work monitor and actuarial analysis of the Seacare scheme’s workers’ compensation performance.

During 2012–13, the Seacare Authority updated its claims management database, which is used to store and report workers’ compensation data. This new database will allow the Seacare Authority to provide more meaningful reports in a timelier manner, as well as assist with record keeping requirements.


Workers’ compensation insurance costs

The Seacare Authority monitors workers’ compensation insurance premiums paid by scheme employers and engages actuarial consultants Taylor Fry Pty Ltd to collect and analyse data from scheme insurers. Further information on scheme insurance costs is provided in Chapter 4.

In the Seacare scheme, insurance premiums are primarily used to cover calls on policies for payment of weekly compensation, medical and other rehabilitation costs when the claim exceeds the policy excess. Premium income does not contribute to the cost of scheme services, unlike arrangements in other centrally-managed schemes where the premium or scheme income may contribute to the following:

> Provision of OHS services. In the Seacare scheme OHS services are provided by AMSA, which performs the OHS Inspectorate function under the OHS(MI) Act. AMSA incorporates the costs of this function into its ship safety regulatory functions funded through revenue raised from ship owners by the application of the Marine Navigation (Regulatory Functions) Levy Act 1991.

> Provision of other scheme regulatory services including the operation of the Seacare Authority. This is directly funded by the Australian Government.

> Dispute resolution costs. To the extent that dispute resolution rests with the Administrative Appeals Tribunal (AAT) in the Seacare scheme, this cost—leaving aside legal representation—is met by the Australian Government which supports the AAT through a budget appropriation.

In the case of some employers, it is noted that the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act) insurance premium also covers liabilities that may arise from the application of sections 128, 132 and 132A of the Navigation Act. These sections impose obligations on employers to meet expenses where a seafarer is left sick or injured on shore.

Rehabilitation and return to work

The Seacare Authority has identified rehabilitation and return to work performance as priorities. However, it recognises that return to work outcomes in the industry are affected by the limited availability of temporary suitable alternative duties for seafarers, given that reduced hours and modified duties are often not available on a ship at sea. Also, seafarers must satisfy strict ‘fit for sea duty’ requirements before returning to sea. In addition, where injured seafarers are returned to their home ports following an injury, the availability of suitable duties in some locations—as well as access to skilled rehabilitation providers—can be limited. More detail on the scheme’s rehabilitation and return to work performance is provided in section 4.9.

The Seacare Authority continued its involvement with the National Return to Work Survey (NRTW Survey), which looks at the experiences of injured workers in workers’ compensation schemes across Australia and New Zealand. The process for conducting the survey changed during 2012–13, with the Social Research Centre replacing Campbell Research and Consulting Pty Ltd as the preferred consultancy firm. Safe Work Australia coordinated the survey process for federal, state and territory jurisdictions in Australia, as well as New Zealand. A pilot survey was conducted in November 2012 and the main Survey in May 2013. The NRTW survey will be conducted in May each year.


In addition to surveying injured seafarers, the NRTW Survey analyses compensation payment details derived from the scheme’s claims database to ascertain compensation costs per claim. This provides data for four of the six Seacare Authority rehabilitation and return to work benchmarks. The NRTW Survey is compiled by the consultancy firm on behalf of Heads of Workers’ Compensation Authorities (HWCA) and Seacare has participated in it since 2000.

2.3.3 Performance of statutory functions under delegation

As specified in subsection 125(1) of the Seafarers Act, the Seacare Authority may delegate all or any of its functions to the CEO of Comcare, who in turn may delegate these powers to the Deputy CEO and to members of Comcare staff (primarily those performing the functions of the SMS). Functions delegated under the Seafarers Act include:

> section 3—power to approve industry training courses

> section 20A—power to exempt employment from the operation of the Seafarers Act

> sections 72, 73 and 79—power to extend time limits for the determination of the employer’s liability

> section 95—power to require an employer to provide evidence of an insurance policy under section 93

> section 98—power to obtain information relating to the operation of the Fund

> section 106—power to require employers to provide information to the Seacare Authority.

In 2012–13, the SMS exercised its delegated powers in relation to applications for exemption, extensions to the period to determine employer’s liability, provision of information on insurance and provision of information to the Seacare Authority.

Exemptions under section 20A of the Seafarers Act

An employer may apply to the Seacare Authority under section 20A for an exemption from the application of the Seafarers Act with respect to a particular employee, group of employees, or employees on a particular ship. The Seacare Authority has guidelines that describe the procedure for, and the circumstances under which it will consider, granting an exemption.

Any request for an exemption must be accompanied by evidence showing that the employees will be covered by an alternate workers’ compensation scheme—usually under state or territory workers’ compensation legislation—for the duration of the period for which the request for exemption is made.

In 2012–13, the Seacare Authority granted exemptions to 12 employers in relation to 43 vessels in accordance with its exemption guidelines. Five of the exemptions were granted in accordance with the 2006 Ministerial Direction to the Seacare Authority that its exemption guidelines provide for an employer to seek a section 20A exemption (under the Seafarers Act) where they are able to find workers’ compensation insurance under a state or territory scheme at a cost lower than that available under the Seacare scheme.

The Seacare website has a list of the section 20A exemptions in force.


Table 3: Section 20A exemptions granted under the Seafarers Act

Employer Vessel/s Exemption granted

Reason Exemption

International Maritime Services Pty Ltd

Svitzer Falcon 10 July 2012 Non-regular trading pattern (delivery voyage)

11/07/2012–23/07/2012

Woodside Energy Ltd

Ngujima-Yin 24 July 2012 Insurance available at lower cost than Seacare scheme

1/08/2012–31/07/2013

DMS Maritime Pty Ltd

Seahorse Standard 7 August 2012 Non-regular trading pattern (relocation voyage)

14/08/2012–14/09/2012


Seahorse Standard 29 August 2012 Non-regular trading pattern (relocation voyage)

31/08/2012–24/10/2012


Svitzer Falcon 13 September 2012 Non-regular trading pattern (delivery voyage)

18/09/2012–30/09/2012


Svitzer Falcon 27 September 2012 Non-regular trading pattern (delivery voyage)

27/09/2012–1/10/2012

Coral Princess Cruises (NQ) Pty Ltd

Oceanic Discoverer; Coral Princess

3 October 2012 Insurance available at cost lower than the Seacare scheme

3/10/2012–30/06/2013


Seahorse Standard 18 October 2012 Non-regular trading pattern (relocation voyage)

24/10/2012–7/12/2012

Taylor Bros. (Slipway & Engineering) Pty Ltd

Employees Adrian Brown and Nigel Gow (Lady Grete)

19 October 2012 Non-regular trading pattern

22/10/2012–5/11/2012


Bhagwan Sprint 12 December 2012 Non-regular trading pattern (delivery voyage)

12/12/2012–1/01/2013


Discovery III 18 January 2013 Voyages within a territory 18/01/2013–30/06/2013

Maritime Constructions Pty Ltd

Andrew Wilson 6 February 2013 Non-regular trading pattern (relocation voyage)

10/02/2013–12/02/2013

Svitzer Australia Pty Ltd

Gloucester 27 February 2013 Non-regular trading pattern (relocation voyage)

28/02/2013–3/03/2013


Bhagwan Rocker 28 February 2013 Non-regular trading pattern (delivery voyage)

4/03/2013–23/03/2013


Bhagwan Roller 28 February 2013 Non-regular trading pattern (delivery voyage)

11/03/2013–30/03/2013


Table 3: Section 20A exemptions granted under the Seafarers Act continued


Reason Exemption


Gloucester 6 March 2013 Non-regular trading pattern (relocation voyage)

7/03/2013–7/04/2013


Andrew Wilson 21 March 2013 Non-regular trading pattern (relocation voyage)

27/03/2013–29/03/2013

Sea Swift Pty Ltd Tiwi Islander; Tiwi Trader; Malu Warrior; Malu Explorer

26 March 2013 Voyages within a territory 26/03/2013–18/01/2014

International Maritime Service Pty Ltd

Penguin Tioman 26 March 2013 Non-regular trading pattern (delivery voyage)

26/03/2013–28/03/2013


Andrew Wilson 26 March 2013 Voyage does not constitute a regular trading pattern

2/04/2013–5/04/2013

Stradbroke Ferries Ltd

Stradbroke Venture 28 March 2013 Non-regular trading pattern

28/04/2013–4/06/2013

Woodside Energy Ltd

Nganhurra; Ohka 27 March 2013 Insurance available at lower cost than Seacare scheme

1/04/2012–1/04/2013

University of Tasmania

FTV Bluefin 10 April 2013 Non-regular trading pattern

10/04/2013–31/12/2013

Sealink Barge Transport Service NT

Bima Tujuh; Sealink Darwin

24 April 2013 Voyages within a territory 3/05/2013–3/05/2014


Seahorse Horizon 2 May 2013 Non-regular trading pattern (relocation voyage)

3/05/2013–2/06/2013

Cal Dive International (Australia) Pty Ltd

Sword 8 May 2013 Non-regular trading pattern (relocation voyage)

14/05/2013–29/05/2013


Sword 8 May 2013 Non-regular trading pattern (relocation voyage)

18/05/2013–3/06/2013


Emergency Towage Vessels (ETVs) under contract to AMSA: Austral Salvor; Gabo; Taminga; Wilga

16 May 2013 Non-regular trading pattern and size of vessel

16/05/2013–30/06/2014


Table 3: Section 20A exemptions granted under the Seafarers Act continued


Reason Exemption


ETVs under contract to AMSA: Clontarf; Keera; Svitzer Eagle; Svitzer Heron; Svitzer Maitland; Svitzer Swift; Tarpan; Wambiri; Wonga; Woona

16 May 2013 Non-regular trading pattern and size of vessel

1/07/2013–30/06/2014


Sword 7 June 2013 Non-regular trading pattern (relocation voyage)

7/06/2013–15/06/2013

Extension of time for consideration of compensation claims

Under sections 72, 73, 73A and 79 of the Seafarers Act, employers may apply to the Seacare Authority for an extension of time to determine or reconsider a determination of a claim for compensation. During 2012–13 four requests for an extension of time were granted.

2.3.4 Governance

Agency Multicultural Plan

In response to the Australian Government’s Inquiry into the responsiveness of Australian Government services to Australia’s culturally and linguistically diverse population, the Seacare Authority, as an Australian Government agency under the Financial Management and Accountability Act 1997 is required to prepare and implement two-yearly Agency Multicultural Plans (AMPs). AMPs are intended to address an agency’s obligations under the Australian Government’s Multicultural Access and Equity Policy.

During 2012–13, the Seacare Authority liaised with DEEWR to incorporate its requirements and obligations into the DEEWR AMP. Subject to review by the Auditor General, the Seacare Authority will be required to develop and progress its minimal requirements over the next two years. The Seacare Authority will report on these developments on its website and in future annual reports.


2.3.5 Reporting requirements

Scheme performance reporting and employers’ requirement to provide information

The Seacare Authority works closely with employers to produce a range of scheme performance reports. Employers use the online reporting facility, Seacare Online, to meet their statutory obligations by submitting details of their operations under both the Seafarers and OHS(MI) Acts, including insurance arrangements, employee and ship details.

The Seacare Authority considers a range of performance data including standing reports on:

> employee numbers and hours worked

> compensation claims data including the status of claims

> OHS incidents reported to AMSA and qualitative information on both reactive and proactive investigations

> ships covered by Seacare scheme legislation

> employer insurance details

> applications for extensions of time to determine claims and reconsiderations

> applications for exemption from the Seafarers Act

> AAT and court cases

> incidence of injuries (claims per 1000 employees)

> injury frequency rate (claims per one million hours worked)

> return to work and rehabilitation outcomes.

Insurance arrangements

Under section 93 of the Seafarers Act, an employer must have a policy of insurance from an authorised insurer or be a member of a protection and indemnity association (P&I Club) that is a member of the International Group of Protection and Indemnity Associations and is approved in writing by the Seacare Authority. Section 93 aims to ensure each employer is insured or indemnified for the full amount of their liability under the Seafarers Act for all seafarers employed by the employer.

Under sections 94 and 95 of the Seafarers Act an employer is required to provide the Seacare Authority with information relating to their insurance coverage within 14 days of being issued with, or renewing, a policy of insurance or indemnity. During 2012–13, the Seacare Authority monitored compliance with section 94 of the Seafarers Act and ensured that employers reported their insurance arrangements through the Seacare Authority’s online reporting system, Seacare Online.

Based on the information provided by employers, there are five insurers providing workers’ compensation policies under the Seafarers Act. While the Seacare Authority is able to approve arrangements for workers’ compensation cover through P&I Clubs, there are currently no P&I Clubs approved by the Seacare Authority to provide such cover. Details on the insurers providing cover under the Seafarers Act are available from the Seacare website.


2.3.6 Providing advice to the Minister on issues relating to improving occupational health and safety, rehabilitation and workers’ compensation

The Seacare Authority provides advice to the Minister on its powers and functions regarding scheme legislation and on matters including compensation, rehabilitation, the making of OHS regulations and approved codes of practice, as well as on management of the Fund.

The Seacare Authority, through its Chairperson, maintains regular communication with the Minister on outcomes arising from its work and according to resolutions made at its meetings. During 2012–13, the Chairperson advised the Minister on matters including:

> the Seacare scheme review and the report on the review of the Seacare scheme

> scheme safety performance

> workers’ compensation claims against the Seafarers Safety Net Fund

> the 2012 Seacare Conference and Awards

> Seacare/AMSA OHS plan 2013–2018

> the appointment of the CEO of AMSA’s deputy member

> request for Seacare Authority representation at Safe Work Australia

> jurisdictional issues in dispute in the Administrative Appeals Tribunal and the Federal Court

> the commencement of the Navigation (Consequential Amendments) Act 2012.

2.4 Seacare scheme review

On 16 October 2012, the Minister for Employment and Workplace Relations announced a review of the Seacare scheme. The review covered four key aspects:

> jurisdictional coverage of the Seacare scheme

> the scope and necessity for amending and updating any legislative inconsistencies in the scheme

> the scope for amending the Seafarers Rehabilitation and Compensation Act 1992 to help reduce workers’ compensation premium costs

> governance arrangements for the Seacare scheme.


The review was chaired by Mr Robin Stewart-Crompton with secretariat support from the Department of Education, Employment and Workplace Relations (DEEWR). In November 2012 the review secretariat released a discussion paper around the review’s terms of reference. In its submission, the Seacare Authority stated that it supports a scheme that:

> is the optimal model for work health and safety and workers’ compensation arrangements that reflect exemplary service delivery and scheme design for the Australian maritime industry

> delivers best practice work health and safety, workers’ compensation and rehabilitation outcomes that are consistent with the targets established by the Australian Work Health and Safety Strategy 2012–2022 and are at least equivalent to comparable best practice schemes

> reduces the risk of safety gaps by adopting clear, concise and unambiguous jurisdictional coverage provisions, noting that it is important to reduce fragmentation and duplication of regulation

> creates efficiencies in the provision of effective rehabilitation arrangements for seafarers that reflect the current maritime environment

> provides for a modern work health and safety compliance framework that is both consistent with model WHS laws and workers’ compensation reforms identified by the Safety, Rehabilitation and Compensation Act 1988 and appropriate for the Australian maritime industry

> is effectively regulated by an appropriate body enabled with the powers, resources and experience that are both appropriate for its prescribed accountability and sufficient to effectively undertake its legislative functions and obligations

> establishes appropriate governance arrangements complementary to the adopted regulatory model with appropriate funding.

The Seacare Authority consulted with the review secretariat throughout the review process to provide the information and data required to assist with the development of the review report.

Based on all submissions received by the review secretariat, a report into the review of the Seacare scheme was released on 20 May 2013. The report outlined 67 recommendations to improve scheme coverage, governance arrangements, work health and safety and workers’ compensation legislation. Consultations were held with relevant stakeholders to provide feedback on the report during May and June 2013. The Seacare Authority provided a submission during this period generally supporting the recommendations and providing comment where relevant. A copy of the Seacare Authority’s submission can be found on the Department’s website.


2.5 Communications

The Seacare Authority’s newsletter, Seacare News, provides information on initiatives, programs and events, and developments in the jurisdiction for scheme stakeholders. In 2012–13, the Seacare Authority published one issue of Seacare News.

Seacare Notices provide the jurisdiction with information on changes to legislation and the levels of benefits payable under the Seafarers Act. During 2012–13, eight Seacare Notices were issued.

The Seacare Authority maintains its own website (www.seacare.gov.au). The website presents information about the Seacare scheme, the Seacare Authority and its activities, and provides access to publications, forms and other relevant materials. The Seacare Authority’s secure, online reporting facility, Seacare Online, is also available to employers via the website.

The Seacare Authority’s website contains information about the scheme including:

> the Seacare Authority—its mission, membership, contact details, functions, strategic objectives, business plans, OHS strategy and service charter

> relevant legislation and scheme coverage

> latest news, notices and events

> Seacare forms, including secure employer access to online reporting

> workers’ compensation

> rehabilitation and return to work

> occupational health and safety

> Seacare events

> Seacare Authority publications, including the Annual Report

> links to related sites and a search function.

30

2.6 2012 Seacare Awards and Conference

The 2012 Seacare Awards and Conference were held on 24–25 October 2012 at Luna Park in Sydney.

The theme for this year’s conference was ‘Seafaring safety, navigating change’. The theme highlights the importance of maintaining seafarer health and safety in a time of considerable change in the industry.

The Conference was held over two days, with the first day providing a Seacare scheme and industry update. This included a presentation by the Chairperson of the Seacare scheme review, Mr Robin Stewart-Crompton, introducing the scheme review and its terms of reference. The focus for day two was health and wellbeing, and also featured a discussion panel addressing issues relevant to the scheme review’s terms of reference. The discussion was based around themes in the Seacare Authority’s strategic plan—injury prevention, injury management and rehabilitation, and scheme sustainability.

The 2012 Seacare Awards were conducted in six categories. The winners and finalists in each category are given below:

Category 1: Best Workplace Health and Wellbeing Program

Winner Farstad Shipping Healthier by Far

Finalist P&O Maritime Services An innovative approach to promotion of a healthier workforce

Finalist Spirit of Tasmania Look out, live well

Category 2: Best Workplace Health and Safety Management System

Winner Toll Shipping and Rightstrategy Stepping it up

Finalist ASP Ship Management Integrated management system

CHAPTER 2: THE SEACARE AUTHORITY—PERFORMANCE OF ITS STATUTORY FUNCTIONS

John Toomey presenting at the Seacare Conference Roy Gillespie accepting his award from host Cameron Williams

31

Category 3: Best Solution to an Identified Workplace Health and Safety Issue

Winner ASP Ship Management Three points of contact—introduction of backpacks

High Commendation Mermaid Marine Australia Working in heat

Category 4: Best Individual Contribution to Workplace Health and Safety

Winner Roy Gillespie Tidewater Marine Australia

High Commendation David Feathers Inco Ships

Finalist Nick Woods Teekay Shipping Australia

Category 5: Health and Safety Representative of the Year

No nominations received for this category

Category 6: Best Rehabilitation and Return to Work Award

Winner Spirit of Tasmania The case of Stephen Oakley

High Commendation Programmed Total Marine Services Injured worker—return to work

Finalist P&O Maritime Services Felicio Guterres—proof that best practice produces the best outcome

Winners of the Best Workplace and Management System, Best Solution to an Identified Workplace Health and Safety Issues and Best Individual Contribution to Workplace Health and Safety were eligible for the equivalent categories of the national Safe Work Australia Awards.

CHAPTER 2: THE SEACARE AUTHORITY—PERFORMANCE OF ITS STATUTORY FUNCTIONS

Tony Mowbray presenting at the Seacare Conference The team from Farstad Shipping accepting their award

32 CHAPTER 3: OPERATION OF THE SEAFARERS SAFETY NET FUND

33

CHAPTER 3:

OPERATION OF THE SEAFARERS SAFETY

NET FUND

CHAPTER 3: OPERATION OF THE SEAFARERS SAFETY NET FUND


3.1 The Seafarers Safety Net Fund

The Seafarers Safety Net Fund (the Fund) is a ‘safety net employer’ to stand in place of an employer if a default event occurs. The Fund enables injured seafarers to lodge a claim even when there is no extant employer against whom a claim can be made. A default event is defined in the Seafarers Act (section 3) as occurring when:

(a) the employer

> becomes bankrupt or insolvent

> applies to take the benefit of any law for the relief of insolvents

> compounds with the employer’s creditors for their benefit

> is a body corporate and is wound up or ceases to exist

> no longer engages in trade or commerce in Australia

(b) the employer is unable to meet the employer’s liabilities under the Seafarers Act.

In such circumstances, the Fund will determine any claim and may accept liability for any eligible benefits. Where there was a workers’ compensation insurance policy covering the employee under the Seafarers Act, the Fund has the same rights as the insured employer to recover benefits from that insurance.

3.2 Background and developments

In 1993, under section 96 of the Seafarers Act, the Australian Maritime Industry Compensation Agency Ltd (AMICA) was approved by the Minister to be the Fund. AMICA managed the Fund by making financial calls on employers as required to meet the annual costs of administration and to recover the costs of any claims liabilities.

In 2002, the Minister revoked the approval of AMICA as the trading corporation responsible for management of the Fund and declared the Seacare Authority to have the Fund’s functions, powers and obligations under the Seafarers Act. The Minister took these actions because a policy of reinsurance for the Fund—as required under the Seafarers Act—was no longer available to AMICA.

Consequently, the Seafarers Rehabilitation and Compensation Levy Act Act 1992 (Levy Act) and the Seafarers Rehabilitation and Compensation Levy Collection Act 1992 (Levy Collection Act) came into effect on 10 April 2002. These Acts provide for a levy to be put in place to support administration of the Fund and to establish the reserves necessary to meet the cost of any claims on the Fund. The levy is collected quarterly from all employers of seafarers on prescribed ships operating under the Seafarers Act.

Between August 2002 and January 2007, AMICA provided Fund administration services support to the Seacare Authority, including levy collection and advice on any claims lodged against the Fund. AMICA withdrew from its service provision contract in January 2007 and Comcare has since supported the Seacare Authority in administering the Fund. In June 2007, a memorandum of understanding was signed between the Seacare Authority and Comcare that formalised the service provision and established a fee for service payable to Comcare from the Fund. The memorandum of understanding was replaced by a Cross Agency Agreement between the Seacare Authority and Comcare during 2010–11.

35CHAPTER 3: OPERATION OF THE SEAFARERS SAFETY NET FUND

3.3 Fund administration

Comcare, on behalf of the Seacare Authority:

> undertakes levy collection for the Fund

> provides claims advice to the Seacare Authority

> administers any accepted claims on the Fund

> manages the scheme’s claims database, including coordinating claim update processes and preparing claims data reports to the Authority and other key stakeholders such as the Workplace Relations Ministers’ Council and Safe Work Australia.

3.4 Reserves to underwrite claims on the Seafarers Safety Net Fund

The Fund is maintained through the collection of monies from scheme employers under the Levy Act and Levy Collection Act. Based on professional actuarial advice, the Seacare Authority sets an overall target reserve level for the Fund. It does this after considering reasonable estimates of present and future liabilities and a prudent level of reserves, including injuries incurred but not recorded (IBNR) and asbestos reserves. During 2010–11, the Seacare Authority obtained updated actuarial advice and as a result set the current reserve target level at $906 000. Throughout 2012–13, the Fund’s total available assets remained above the target reserve level.

As required by section 102 of the Seafarers Act, the Seacare Authority has a reinsurance policy in place with an authorised insurer to provide indemnity for any amount of the Fund’s liability under the Seafarers Act that exceeds $1 million for a single event which results in an injury to one or more seafarers.

3.5 Rate of levy

The Minister, as required by section 7 of the Levy Act, consults the Seacare Authority on the appropriate rate of levy payable by employers before making a recommendation to the Governor-General that a regulation be made prescribing the rate. In advising the Minister, the Seacare Authority must consider prudential obligations in the Levy Act, namely, that it have regard to:

> the need to ensure that the Fund has adequate financial reserves for its prudential management

> reasonable estimates of the Fund’s present and future liabilities under the Seafarers Act

> the cost of administering the Seacare Authority in connection with the performance or exercise of the Fund’s functions, powers and obligations under the Seafarers Act.

The current levy rate of $15.00 per berth took effect on 1 April 2008.


3.6 Levy collection

In 2012–13, $156 410 was collected in levy receipts from Seacare scheme employers. Levy payments were made by 31 employers throughout the course of the year. The total number of seafarer berths declared by employers each quarter ranged from 2477 berths in Quarter 4 to 2738 berths in Quarter 3. Levy collection results for the last five years based on reports to the Seacare Authority are set out in Table 4.

Table 4: Levy collection summary

Number of employers paying

levy

Average berths per quarter declared by employers

Levy rate Levy collected

2008–09 35 2420 $15 $146 275

2009–10 36 2356 $15 $141 255

2010–11 31 2465 $15 $147 915

2011–12 31 2814 $15 $169 425

2012–13 31 2652 $15 $156 410

Source: Seacare Authority

3.7 Claims on the Seafarers Safety Net Fund

There was one accepted claim on the Fund during 2012–13.

3.8 Waivers of levy debts

Under section 20A of the Seafarers Act, the Seacare Authority may exempt employers from complying with the provisions of the Seafarers Act. However, an exemption under section 20A of the Seafarers Act does not exempt employers from the payment of levies under the Levy Act and the Levy Collection Act. The Seacare Authority has adopted a policy that exempt employers should not be subject to levy payments. However, the Seacare Authority has no power to grant a waiver to employers from the payment of levies. Such waivers can only be granted by the Special Minister of State. The Seacare Authority makes representations through its Minister to the Special Minister of State for the grant of a waiver of such debts on an annual basis.

During 2012–13, levy debt waivers of $8145 were granted by the Special Minister of State.

3.9 Fund financial statements

Details of income and costs associated with the Fund are detailed in the audited financial statements for the Seacare Authority at Appendix 1.

37CHAPTER 4: SEACARE SCHEME PERFORMANCE

CHAPTER 4:

SEACARE SCHEME PERFORMANCE

38 CHAPTER 4: SEACARE SCHEME PERFORMANCE

4.1 Scheme performance overview

The Seacare scheme’s performance in the 2012–13 can be measured by a range of key indicators, including:

> one workplace-related fatality was recorded in the scheme during 2012–13

> a reduction in the claims incidence rate for 2012–13

> the number of accepted compensation claims reported to the Seacare Authority in 2012–13 was the lowest recorded since 2007–08

> there was an increase in the number of applications lodged with the Administrative Appeals Tribunal (AAT) during 2012–13, with six matters proceeding to a hearing

> the number of injured seafarers starting a rehabilitation program decreased slightly during 2012–13. However, the overall number of claimants being assessed for their capacity to undertake rehabilitation continues to remain low

> the return to work rate and durable return to work rate decreased in 2012–13

> average workers’ compensation premiums continued to decrease.

4.2 Data sources

4.2.1 Workers’ compensation claims data

The primary source of data used for reporting on Seacare scheme performance, including OHS performance, is from workers’ compensation claims. Compensation claims data is nationally recognised as the most reliable available proxy for reporting OHS performance outcomes.

Seacare claims data is derived from duplicate claim forms forwarded to the Seacare Authority by scheme employers, irrespective of whether the claim is covered by the employer’s insurance policy. There is no obligation on an injured seafarer to lodge a Seacare Claim for Workers’ Compensation form so not every injury results in a claim. Also, it is possible employers do not advise all employee claims to the Seacare Authority or the employer’s insurer, although most probably do.

In most cases, the claims data used for reporting Seacare OHS performance is for claims accepted during the year that result in one week or more of compensation. While this excludes claims that are pending, in dispute, withdrawn or rejected, it includes claims lodged in previous years that have been accepted in this reporting year. This approach provides for consistency and stability in reporting from year to year. Accepted claims are further adjusted by excluding ‘journey claims’ and ‘property only claims’. Consequently, the data best reflects claims where there was an injury at work or in training, including both on and off duty.


4.2.2 Accident and incident data

The Seacare Authority monitors data on accidents and dangerous occurrences (incidents) that are reported by employers and operators to the OHS Inspectorate, AMSA. Accidents resulting in a death or a serious injury that requires immediate medical treatment or could result in incapacity for five days or more, or where there was a dangerous occurrence, must be reported to AMSA. Operators and employers covered by the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act) and its regulations are required to notify AMSA of any accident or dangerous occurrence within four hours by submitting an OHS incident alert. Then an OHS incident report must be completed within 72 hours.

The Seacare Report on the Employer’s Determination of a Claim for Workers’ Compensation form includes questions on injuries that arise from a notifiable incident, and on whether a report has been lodged with AMSA. This mechanism provides a means of monitoring and comparing the number of incidents reported against the number of claims made.

During 2012–13, the Seacare Authority continued to closely examine employers’ compliance with OHS reporting requirements under the OHS(MI) Act, and carried out a range of awareness-raising activities to ensure that employers understood their reporting obligations.

4.2.3 Employee and ship details

The Seacare Authority collects employee and ship detail reports from employers in January and July each year via the Seacare online reporting system.

Employee numbers as well as full-time equivalent values and hours worked data are used in calculating injury frequency and incidence rates (the denominator data that is combined with workers’ compensation claims data). Ship details—including ships covered by the Seacare scheme, the number of days a ship is operational under the scheme’s legislation over the year, and standard crew numbers—are also recorded.

4.2.4 Comparative Performance Monitoring Report data

The Comparative Performance Monitoring Report (CPM Report), prepared for Safe Work Australia (SWA), compares performance data across OHS and workers’ compensation schemes, in Australia and New Zealand. The latest CPM Report (14th Edition, published October 2012) provides details up to 30 June 2011. CPM Reports are accessible from the Safe Work Australia website at www.safeworkaustralia.org.au


4.2.5 Return to Work Monitor data

The return to work data used in this report is derived in large part from the National Return to Work Survey 2012–13 (NRTW Survey). The NRTW Survey replaced the Return to Work Monitor from 2012–13 and establishes national benchmarks for measuring return to work outcomes and c across Australian and New Zealand workers’ compensation schemes. In 2012–13, the NRTW Survey compiled the findings of a survey of 97 seafarers receiving compensation benefits.

NRTW Survey reports are prepared for Safe Work Australia. They are accessible from the Safe Work Australia website.

4.2.6 Revision of scheme performance reports

The scheme performance reports included in Chapter 4 incorporate all information and data received by the Seacare Authority during 2012–13. Further, data received in previous years is reviewed by the Seacare Authority and employers in order to assure that the information provided is current and accurate. Given that some information received in 2012–13 relates to previous financial years, the scheme performance reports included in Chapter 4 may differ from those in previous Seacare Annual Reports.

4.3 Performance reports methodology

4.3.1 Employee numbers

Employee data in this report includes a ‘head count’ of seafarers covered by the Seafarers Act derived from the numbers declared by each employer. While this may be an accurate reflection of the absolute number of seafarers covered by the scheme throughout the year, it is not an ideal figure to use in calculating the incidence rate of injuries (injuries per 1000 seafarers), particularly in seeking to compare injury rates in the maritime industry with other industries.

Since 2003, the Seacare Authority has used a full-time equivalent (FTE) employee value as a seafarer number denominator for calculating incidence of injury rates. Seacare FTEs are calculated using the following formula:

The standard complement of seafarers engaged on each ship at any one time (ship berths), multiplied by the number of days the vessel operated under the Seafarers Act during the reporting period, multiplied by the usual weekly shift hours worked on the vessel, divided by average weekly working hours (assumed to be 40.4 hours).

Example

On a trading ship with a crew of 17, where the ship operated for 160 days in the reporting period (184 days) and the weekly shift hours were 84 per week (12 hours each shift for 7 days) the inputs using the formula would be: 17 x 160/184 x 84/40.4 = 30.7 FTE employees. Note: this FTE value may equate to a ‘head-count’ of 40 employees, made up of two swings of seafarers (2 x 17) plus six replacement seafarers.


4.3.2 Hours worked

Hours worked data is based on a formula agreed by the Seacare Authority and first applied in 2003–04. The formula takes into account the continuous nature of Seafarers Act coverage during a voyage where seafarers, who are generally on board a ship for 24 hours a day, are exposed to the risk of injury for the entire time on board a vessel, whether on or off duty. The formula is:

The standard complement of seafarers engaged on each ship at any one time (for example, ship berths), multiplied by the number of hours (on average) per day the crew are on board whether at work or not, multiplied by the number of days the vessel operated under the Seafarers Act in the reporting period.

Example 1

On a trading ship with a crew complement of 17, where the ship operates 24 hours per day throughout each year, and the reporting period is six months (184 days), the inputs using the formula would be: 17 x 24 x 184 = 75 072 hours worked.

Example 2

For an offshore sector vessel, with a crew of 11, which completed a contract part-way through the reporting period so that it operated for 142 days from total available of 184, the inputs using the formula would be as follows: 11 x 24 x 142 = 37 488 hours worked.


4.4 Workers’ compensation claims data relative to previous years

Workers’ compensation claims data reported by Seacare scheme employers to the Seacare Authority in accordance with the Seafarers Act is summarised in Table 5 below.

Table 5: Seacare aggregated claims data

Claim type 2008–09 2009–10 2010–11 2011–12 2012–13

CLAIMS LODGED

Claims accepted 252 247 261 242 215

Claims rejected 17 9 23 25 11

Claims pending 0 0 1 2 6

TOTAL 269 256 285 269 232

CLAIMS ACCEPTED

Claims accepted—on duty 240 230 242 228 194

Claims accepted—off duty 6 15 11 7 13

Journey claims 5 2 4 4 4

Property claims 0 0 0 0 0

Claims while studying 0 0 1 0 0

Other 1 0 3 3 4

TOTAL 252 247 261 242 215

Claims accepted—excluding property claims

252 247 261 242 215

Claims accepted—excluding journey claims and property only claims

247 245 257 238 211

Claims accepted—1 week or more duration (excluding journey claims)

195 213 222 205 160

Claims accepted—4 weeks or more duration (excluding journey claims)

157 173 171 173 128

Claims accepted—12 weeks or more duration (excluding journey claims)

92 94 88 95 59

Medical claims only—no lost time 42 26 28 27 40

Claims accepted involving lost time 205 219 229 211 171

Claims accepted—work-related fatalities

0 1 0 0 0



The 232 claims lodged in 2012–13 represents a 13.8 per cent decrease from the previous year. The number of accepted claims also decreased from the previous year. Accepted claims of one week or more duration represent 74 per cent of all accepted claims.

During 2012–13, one work-related fatality occurred in the Seacare scheme. This fatality was covered by the OHS(MI) Act but not the Seafarers Act and is therefore not compensable under the Seacare scheme.

Table 6: Seafarers Act—employee numbers and hours worked

Claim type 2008–09 2009–10 2010–11 2011–12 2012–13

Claims accepted 251 247 260 242 215

Employees (head count) 6255 6446 7126 7942 8486

Full-time equivalent employee value 4682 4513 4838 5416 5273

Hours worked 20 973 333 20 240 480 20 784 756 22 684 824 22 965 466


The total number of employees (‘head count’) covered by the Seafarers Act in 2012–13 increased by 6.8 per cent over the previous year. The head count figure includes full-time and part-time employees as well as those who may have worked on limited term contracts and for multiple employers at different times throughout the year. The FTE employee value decreased by 2.5 per cent over 2012–13 while the number of hours worked increased slightly.

Based on FTE figures, 30 per cent of the jurisdiction is employed in the bluewater sector, 54 per cent in the offshore sector and 16 per cent in other sectors (passenger and tourism, dredging, and aquaculture) in 2012–13. There has been slight decrease in the bluewater and offshore sectors from 2011–12, while the increase in the other sectors can be attributed to the increase in the dredging sector.


Offshore Other

Accepted claims

60.0

50.0

40.0

30.0

20.0

10.0

0.0

Employees

Bluewater

4.4.1 Claims by sector

Figure 1: Accepted compensation claims by sector


Figure 1 compares the proportion of accepted claims in 2012–13 across the three industry sectors. The offshore sector accounted for 54 per cent of employees and 56 per cent of claims.

4.5 OHS outcomes

4.5.1 OHS performance

The injury and disease incidence and frequency rates are two nationally recognised, high-level OHS outcome indicators. The incidence rate is derived from the number of compensation claims (accepted claims, excluding journey claims, which result in one week compensation) per 1000 employees while the frequency rate is based on accepted claims per one million hours worked.

The frequency rate is calculated from the hours worked data collected from employers using the formula outlined in Section 4.3.2. This method reflects the 24 hour a day nature of seafaring work, and the fact that injuries occurring at any time while on board are potentially compensable. In addition, most employers generally use a 24 hour divisor in calculating enterprise OHS performance indicators such as lost time injury frequency rates. Therefore, the injury frequency rate data provided in this report is generally comparable with indicators used by many scheme employers.


41.7

47.245.9

37.9

30.3

50

45

40

35

30

25

20

15

10

5

0

2008–09 2009–10 2010–11 2011–12 2012–13

Cla

ims

per

1000

FTE

25.0

20.0

15.0

10.0

5.0

0.0

19.620.8

18.2 17.5

11.2

Cla

ims

per

1000

FTE

2008–09 2009–10 2010–11 2011–12 2012–13

Figure 2: Incidence rate of compensated injury and disease resulting in one week or more compensation


In 2012–13, there were 30.3 accepted claims per 1000 FTE, a decrease of 20 per cent over 2011–12

Figure 3: Incidence rate of compensated injury and disease resulting in 12 weeks or more compensation


Figure 3 shows the number of injuries and diseases resulting in longer term incapacity for each 1000 FTE employees. In 2012–13, there were 11.2 accepted claims per 1000 FTE. While data for 2012–13 shows an apparent decrease over 2011–12, it should be noted that data for 2012–13 is relatively immature and the incidence rate is expected to increase with additional claims development.


Figure 4: Frequency rate of injury and disease resulting in one week or more incapacity


Figure 4 shows that in 2012–13 there were 7.0 accepted claims for every one million hours worked, a decrease of 22 per cent over 2011–12.

4.5.2 OHS performance improvement targets

In May 2002, the National Occupational Health and Safety Strategy 2002–2012 (National OHS Strategy) committed all Australian governments to achieving reduction targets for workplace fatalities and injury incidence over a ten-year period. In November 2002, the Seacare Authority approved an OHS strategy for the Australian maritime industry covered by the OHS(MI) Act that set OHS improvement targets based on the targets established by the National OHS Strategy.

The Seacare injury target, measured against the base period of 2000–01 to 2002–03, required at least a 20 per cent reduction in the injury incidence rate by 2006–07 and at least a 40 per cent reduction by 2011–12. The Seacare target for workplace fatalities is zero.

The Seacare Authority has two measures of injury incidence for assessing performance against the injury reduction target. One measure uses the definitions used by Safe Work Australia (SWA) to measure progress against the National OHS Strategy. This measure is used by SWA to measure all jurisdictions’ progress against the National OHS Strategy. Because of reporting requirements, this measure lags by one year. The second measure of injury incidence uses a broader definition and is calculated by the Seacare Authority. Both measures are shown here.

12

10

8

6

4

2

0

9.3

10.5 10.7

9.0

7.0

Cla

ims

per

1000

FTE

2008–09 2009–10 2010–11 2011–12 2012–13


Safe Work Australia injury incidence rate

The SWA definition of injury incidence rate includes all accepted workers’ compensation claims made in the reference financial year and lodged at 31 November following the reference year. These are claims that resulted in a fatality, or permanent or temporary disability where there was at least one week or more of incapacity determined (excluding journey claims). Claims in this case exclude disease claims except those coded as musculoskeletal diseases.

Seacare injury incidence rate

The Seacare definition of injury includes all accepted workers’ compensation claims determined in the reference financial year that resulted in a fatality, or permanent or temporary disability where there was any time off work (excluding journey claims). The figures in Table 7 show the incidence per 1000 FTE.

Table 7: Incidence rates against 10 year injury reduction targets

Injury incidence rate

Base period 2007–08 2008–09 2009–10 2010–11 2011–12 10 year target (40

per cent reduction)

SWA definition 36.3 27.0 34.5 36.1 39.9 33.6 2011–12 target 21.8

Seacare definition 39.9 35.1 41.7 47.2 45.9 37.9 2011–12 target 23.9

Source: Safe Work Australia and Seacare Authority

In terms of the target based on the ‘Seacare definition’, the 2011–12 incidence rate of 37.9 is significantly worse than the target of 23.9 and represents a 5.0 per cent reduction from the base period. The incidence rate of 36.6 for 2011–12, according the ‘SWA definition’, is also significantly worse that the target 21.8 and represents a 7.4 per cent reduction from the base period. Fluctuations in rates over the period of the strategy, illustrate the inherent statistical volatility of these rates given the small numbers involved (that is, claims and seafarer numbers).


Figure 5: Seacare injury incidence rate—progress against targets

2002–03baseperiod

2003–04 2004–05 2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12

SWA incidence

Seacare incidence

SWA target

Seacare target

Seacare target

60.0

50.0

40.0

30.0

20.0

10.0

0.0

SWA incidence

Seacare incidence

SWA target

23.7

29.8

31.9

35.1

40.7

45.7

33.4

36.7

33.7

39.1

34.8

38.3

36.3

39.9

36.3

39.9

30.8

36.8

30.5

33.5

27.1

35.6

29.0

31.9

27.0

35.1

27.6

30.3

34.5

41.7

26.1

28.7

36.1

47.2

24.7

27.1

39.9

45.9

23.2

25.5

33.6

37.9

21.8

23.9


4.5.3 Analysis of injuries

The following section presents claims data disaggregated in various ways to provide greater insight into the nature and origin of injuries.


Figure 6: Proportion of accepted claims by occupational grouping

60%

50%

40%

30%

20%

10%

0%Integrated

ratings

Accepted claims Employees

Catering Engineers Deckofficers

Trainees

35%

30%

25%

20%

15%

10%

5%

0%15–19 20–24 25–29 30–34 35–39 40–44 45–49 50–54 55 +

Accepted claims Employees


Figure 6 compares the proportion of accepted claims in 2012–13 across the five key occupational groupings. Integrated ratings account for 36 per cent of the workforce, yet their proportion of accepted claims is 50 per cent.

Figure 7: Proportion of accepted claims by age range


Figure 7 shows that 48 per cent of seafarers are 45 years or older and that this cohort made 59 per cent of the claims accepted in 2012–13.


Figure 8: Proportion of accepted claims by location on the ship

2009–10 2010–112008–09 2011–12 2012–13

Deck spacesAccommodation blockBridge

Machinery Stairs/gangwayWharf

GalleyNot on ship/location not relevant

60%

50%

40%

30%

20%

10%

0%

Upper limbs Lower limbs Trunk Head and neck Other and unspecified, systemic and multiple locations

40%

35%

30%

25%

20%

15%

10%

5%

0%2011–12 2012–132008–09 2009–10 2010–11


Figure 8 indicates that almost half of claims occur on deck spaces with machinery spaces the next most common location.

Figure 9: Proportion of accepted claims by bodily location


Figure 9 indicates that the most likely bodily locations to be injured are the upper and lower limbs and the trunk.


Body stressingHitting and being hit by objectsMental stress

Falls, slips, tripsOther and unspecified (including sound and pressure)Chemical, environmental and biological factors

50%

40%

30%

20%

10%

0%2011–12 2012–132008–09 2009–10 2010–11

70%

60%

50%

40%

30%

20%

10%

0%

Sprains and strainsContusion or superficial crushingMultiple injuries

Disease – musculoskeletalFracturesLacerations or open wound

Other diseases (including hernias)Burns and other injuries

2011–12 2012–132008–09 2009–10 2010–11

Figure 10: Proportion of accepted claims by mechanism of incident


Figure 10 indicates body stressing continues to be the most prevalent mechanism of incident, followed by falls, slips and trips.

Figure 11: Proportion of accepted claims by nature of injury/disease


Figure 11 data shows that sprains and strains continue to be the major injury type.


4.6 OHS compliance and the inspectorate’s activities

AMSA performs the OHS Inspectorate function under the OHS(MI) Act. Its responsibilities are to:

> ensure compliance with the requirement to report serious personal injuries, deaths, dangerous occurrences and other obligations under the OHS(MI) Act and Regulations

> advise operators, employees or contractors on occupational health and safety matters

> provide the Seacare Authority with information.

Trained AMSA marine surveyors are appointed as inspectors under the OHS(MI) Act and perform a range of functions alongside their obligatory responsibilities (for example Port State Control and Flag State Control). These functions include investigating incidents, issuing prohibition and improvement notices and advising maritime operators on health and safety matters on vessels. The inspectors are trained in OHS hazard management as well as knowledge of the OHS(MI) Act and its application to ensure compliance on prescribed ships.

AMSA works with the Seacare Authority and the maritime industry to improve awareness of health and safety issues and encourage a positive safety culture aimed at preventing incidents and accidents in the maritime workplace. AMSA is looking to improve the current incident reporting to ensure consistency with reporting requirements of the Navigation Act 2012 and the OHS(MI) Act. Doing so will allow for more accurate and reliable capturing of data analysis.

AMSA have signed seven memoranda of understanding (MoU) with State and Territory WHS/OHS jurisdictions and is working cooperatively with the WHS/OHS agencies to update the existing MoUs to reflect changes to WHS/OHS legislation and the Navigation Act 2012. AMSA has recently been successful in securing a linkage grant through the Australian Research Council (ARC) to examine the predictors and outcomes of safety culture in the Australian maritime industry. This project will run over a period of three years (2013–2016).

AMSA and the Seacare Authority are in consultation to develop guidelines of OHS inspections similar to that of other WHS regulators, particularly for AMSA inspectors. This will help provide clearer and consistent application of OHS(MI) Act standards throughout the maritime industry.


Table 8: OHS Inspectorate activity summary

2008–09 2009–10 2010–11 2011–12 2012–13

Incidents reported section 107

Deaths 2 0 0 0 1

Serious personal injuries 11 28 28 44 40

Employee incapacitated for a period of five successive days or more 26 20 27 14 13

Dangerous occurrences notified 2 7 8 7 9

TOTAL 41 55 63 65 63

Investigations (section 87)

Reactive investigations 12 30 66 58 -

Proactive investigations 38 43 40 52 41

TOTAL 50 73 106 110

Prohibition Notices (section 93) 4 3 5 4 1

Improvement Notices (section 98) 17 20 47 29 31

TOTAL 21 23 52 33 32

Commenced 1 0 0 0 0

Completed 0 0 0 0 0

Marine notices/orders relevant to OHS 12 2 3 na 1

AMSA staff appointed as OHS inspectors (section 84) 37 37 38 52 40

Taking possession of plant, substances or things (section 91) 0 0 0 0 0

Directions given (section 92) 0 0 0 0 0

Appeals instituted against inspectors’ decision (section 100) 0 0 0 0 1

Source: AMSA

Table 8 shows the number of incidents reported to AMSA in 2012–13 have increased marginally to 63. One incidents in 2012–13 resulted in a fatality, which is the first fatality recorded in the scheme since 2008–09. AMSA reviews all reported incidents and, when considered necessary, conducts an investigation in accordance with its powers under section 87 of the OHS(MI) Act. During 2012–13, there was a decrease in the number of proactive investigations, down from 52 to 41. This regulatory action resulted in a number of prohibition and improvement notices being issued.

At the end of 2012–13 there were 40 inspectors appointed under section 84 of the OHS(MI) Act, which is a decrease in the number reported for 2011–12.

There were no directions given in 2012–13 by the Minister to the Seacare Authority under section 10 of the OHS(MI) Act concerning the performance of its functions and the exercise of its powers.


Table 9: Ratio of reported incidents to seafarers

2008–09 2009–10 2010–11 2011–12 2012–13

Number of seafarers (FTE) under the OHS(MI) Act 4301 4100 4920 5275 5451

All Incidents reported 41 55 63 65 63

Ratio (incidents per 1000 seafarers) 9.5 13.4 12.8 12.3 11.6

Incidents reported involving an incapacity of 5 or more days 39 48 55 58 54

Ratio (incidents involving 5 or more days incapacity per 1000 seafarers) 9.0 11.7 11.2 11.0 9.9

Source: Seacare Authority and AMSA

Table 9 shows the number of OHS incidents reported to AMSA has decrease in 2012–13 from 65 to 63, with incidents reported resulting in injury decreasing from 58 to 54.

4.7 Workers’ compensation outcomes

4.7.1 Insurance premiums

Scheme employers are required to have insurance arrangements in place indemnifying them for the cost of workers’ compensation claims made under the Seafarers Act. Typically, this involves employers paying an annual premium to an insurer to fund the future costs of all claims incurred in that year, including estimates of injuries not yet reported. Policies generally contain a claim excess or deductible amount. The excess amount serves to lower the premium payable but requires the employer to meet the costs of claims up to the deductible amount.

The Seacare Authority arranges for an actuary to report on these insurance premium arrangements annually. The consulting actuary, Taylor Fry Pty Ltd, made the following findings on Seacare scheme insurance arrangements in 2011–12, being the latest year that data is currently available.

In 2011–12, $20.3 million in premiums was paid by scheme employers to insurers against declared total remuneration of $1033.4 million, yielding an effective average premium rate of 1.97 per cent. However, it should be noted that this premium income and rate includes the employers’ deductibles which vary considerably from policy to policy.

Standardising the level of deductibles to the equivalent of approximately five days incapacity ($2450) would have the effect of requiring a combined premium income of some $34.2 million, or a premium rate of 3.32 per cent.


Table 10: Seacare insurance premium rates

2007–08 2008–09 2009–10 2010–11 2011–12

Premium collected, or premium income (unadjusted premium income) (million)

$15.48 $15.47 $18.19 $19.68 $20.34

Average raw premium (unadjusted premium rate) 3.27% 2.62% 2.55% 2.28% 1.97%

Average five day deductible premium income (adjusted premium Income) (million)

$24.23 $24.55 $27.60 $32.43 $34.28

Average five day deductible premium equivalent rate (adjusted premium rate)

5.12% 4.16% 3.87% 3.76% 3.32%

Wages pool (remuneration) (million) $472.89 $590.63 $713.29 $863.51 $1,033.37

Source: Taylor Fry

Although premiums and remuneration both increased between 2010–11 and 2011–12, premium incomes increased at a slower rate resulting in a reduction of 13.6 per cent in the unadjusted premium rate.

The adjusted premium rate for 2011–12 has also reduced considerably from the rate calculated for 2010–11. The effect of standardising the premium rate has resulted in an increase in the adjusted premium rate for 2011–12 of 169 per cent (1.97 per cent to 3.32 per cent), the corresponding ratio for 2010–11 being 165 per cent (2.28 per cent to 3.76 per cent).

Premium rates have reduced considerably over the past five years to 2011–12. The reductions in premium rates are due in part to changes in claims experience and therefore calculated risk.


4.7.2 Claim payments

A summary of total claim payments during 2012–13 indicates that weekly benefits to injured seafarers (time off work) accounts for 70 per cent of total claims costs. Medical and like services represent approximately 10 per cent while rehabilitation services represent less than two per cent of total claims costs.

Table 11: Claims payment summary—costs type by amount—$’000

Payment type 2008–09 2009–10 2010–11 2011–12 2012–13

Medical and like (excludes rehabilitation services) 1608.5 2051.9 1682.2 1454.3 1738.9

Other 294.5 219.6 869.2 270.6 199.6

Rehabilitation services 264.3 285.8 333.0 253.2 398.4

Lump sums 450.5 1206.0 366.1 1651.7 2219.0

Investigation services 34.0 12.7 14.9 59.7 121.4

Legal costs 214.9 236.5 433.0 699.8 558.6

Weekly compensation 7172.4 9355.2 9366.8 10 401.7 12 545.2

Medical report 36.0 25.6 48.9 31.7 92.4

Total 10 075.2 13 393.3 13 124.1 14 822.7 17 903.4


4.7.3 Claims management

Duration indicators provide an insight into the performance of employers in claims management processes. Duration data can also provide an indication of return to work outcomes.

Table 12: Injury occurrence to claim lodgement

From date of injury, claims lodgedClaim received in financial year

2008–09 2009–10 2010–11 2011–12 2012–13

Within first month 58% 64% 63% 58% 56%

Between 1 and 3 months 29% 24% 25% 33% 33%

Between 4 and 12 months 10% 10% 9% 7% 10%

After 12 months 2% 2% 3% 2% 1%


Early lodgement of claims is generally regarded as a prerequisite for early intervention by the employer. The data indicates that, in general, well over half of claims made are lodged within a month.The data indicates that, in general, well over half of claims made are lodged within a month.


Table 13: Date of injury to assessment of capability of undertaking rehabilitation

Date of injury to date assessed 2008–09 2009–10 2010–11 2011–12 2012–13

1–7 days 5% 21% 29% 25% 8%

8–14 days 21% 10% 17% 16% 14%

15–21 days 3% 7% 10% 5% 9%

22–31 days 8% 14% 4% 6% 4%

1–3 months 21% 21% 17% 23% 30%

4–12 months 44% 29% 23% 25% 35%


The data for 2012–13 indicates that only one third of the assessments carried out by employers of an injured employee’s capability for undertaking rehabilitation occurred within the time frame of one month from the date of injury.

Table 14: Receipt of claim to end of compensation

2008–09 2009–10 2010–11 2011–12 2012–13

0–14 days 30% 12% 14% 15% 5%

15–31 days 10% 18% 16% 18% 12%

1–3 months 30% 34% 30% 31% 31%

4–12 months 30% 33% 33% 29% 42%

More than 12 months 0% 4% 7% 7% 10%


The end of compensation can be viewed as a proxy for return to work. In 2012–13, compensation had ceased within one month of the date of a claim being received by the employer in 17 per cent of cases, and within three months in 48 per cent of cases.


4.8 Dispute resolution in the Seacare scheme

4.8.1 Reconsiderations by employers

Under subsection 78(4) of the Seafarers Act an employer must, upon receipt of a written request from an employee for a reconsideration of a claim determination, arrange for an industry panel or a Comcare officer to assist in reconsidering the determination. This review is the first stage of the review process under the Seafarers Act. As there is no industry panel in place in accordance with section 78 of the Seafarers Act, Comcare conducts all reviews requested by employers for assistance to reconsider a determination. In 2012–13, 28 determinations were reviewed on behalf of 17 employers. Comcare made recommendations to vary or revoke the determinations in nine cases. Comcare also did not provide a recommendation in two cases due to no determination being made by the employer.

Table 15: Reconsiderations

2008–09 2009–10 2010–11 2011–12 2012–13

Determinations reviewed 28 27 39 41 28

Recommendations revoking determination - - - - 3

Recommendations varying determination 8 8 14 16 6

Recommendations affirming determination 20 18 25 24 17

Number of employers 14 15 14 24 17

Source: Comcare

4.8.2 Reviewable decisions by the Administrative Appeals Tribunal

The AAT is the second tier of review for disputed claims. The AAT review process usually begins with a conference to enable applicants to discuss with their employer, in the presence of an AAT official, the reasons for challenging the employer’s determination of their claim. The conference provides an opportunity for the parties to agree on a decision. If, following the conference process, the matter has not been settled, a compulsory conciliation conference will be listed. If the matter fails to settle at the conciliation conference it will go to a hearing unless both parties and the AAT agree on mediation.


Table 16: Outcome of AAT review of decisions

2008–09 2009–10 2010–11 2011–12 2012–13

APPLICATIONS LODGED 32 43 72 50 64

APPLICATIONS FINALISED

Applications finalised by consent of the parties

Decision of employer affirmed in accordance with terms of agreement lodged by the parties under subsection 34D or 42C of the AAT Act*

14 11 19 33 24

Decision of employer varied in accordance with terms of agreement lodged by the parties under subsection 34D or 42C of the AAT Act*

3 0 1 9 2

Decision of employer set aside in accordance with terms of agreement lodged by the parties under subsection 34D or 42C of the AAT Act*

6 16 10 7 11

Application dismissed by consent of the parties under section 42A(1) of the AAT Act*

1 3 0 0 0

Application withdrawn by the applicant under section 42A(1A) of the AAT Act* 8 7 15 15 12

Subtotal 32 37 45 64 49

Applications heard and determined by the AAT under section 43 of the AAT Act*

Decision of employer affirmed by decision of the AAT following a hearing 0 5 0 1 3

Decision of employer varied by decision of the AAT following a hearing 0 0 0 0 0

Decision of employer set aside by decision of the AAT following a hearing 0 2 0 1 3

Subtotal 0 7 0 2 6


Table 16: Outcome of AAT review of decisions continued

2008–09 2009–10 2010–11 2011–12 2012–13

Other

Application dismissed by the AAT under section 42A(2)(a) of the AAT Act* because applicant failed to appear

0 0 0 0 0

Application dismissed for lack of jurisdiction under section 42A(4) of the AAT Act* or by determination of the AAT following a hearing

0 3 1 1 0

Application dismissed under section 42A(5) of the AAT Act* because applicant failed to comply with a direction or to proceed with application

0 0 0 0 0

Applications dismissed under section 42B(1) of the AAT Act* as frivolous or vexatious

0 0 1 2 0

Extension of time to lodge application refused under section 29(7) of the AAT Act*

0 1 0 0 0

Other—not specified 0 0 0 0 0

Subtotal 0 4 2 3 0

TOTAL 32 48 47 69 55

TIMEFRAMES

Average time take from lodgement to finalisation (days) 327 365 201 243 288

*Administrative Appeals Tribunal Act 1975

Source: AAT

In 2012–13, 64 applications were lodged with the AAT. Of the applications finalised in 2012–13, 49 were finalised by consent of the parties, with six matters proceeding to a hearing.

The number of applications to the AAT relative to the claims lodged indicates the propensity for seafarers and their representatives to seek a review of their claim. This ratio provides a means of determining disputation rates. In 2012–13, the apparent disputation rate was 27.6 per cent. This represents an increase from 2011–12 and could be attributed to the low number of claims lodged during 2012–13.

Table 17: Seacare scheme dispute rate

The Seacare scheme dispute rate is the number of applications to AAT as a proportion of total claims lodged.

2008–09 2009–10 2010–11 2011–12 2012–13

Dispute rate 11.9% 16.8% 25.3% 18.9% 27.6%

Source: Seacare Authority and AAT


4.9 Rehabilitation and return to work performance

4.9.1 Rehabilitation and return to work—using claims data

Table 18: Rehabilitation and return to work outcomes (percentage against claims of 28 days or more)

2008–09 2009–10 2010–11 2011–12 2012–13

Accepted claims 252 247 261 241 215

Claims of 28 days or more 153 174 171 170 134

Number of claimants assessed for a rehabilitation program 17% 29% 30% 30% 30%

Number of claimants assessed commencing a rehabilitation program 84% 81% 71% 93% 89%

Number of claimants commencing a rehabilitation program who returned to work

84% 69% 71% 69% 58%


Table 18 shows that in 2012–13, 134 claims (62 per cent) lasted for 28 days or more. Of these, 30 per cent were assessed for a rehabilitation program with 89 per cent then commencing a rehabilitation program. About 58 per cent of claimants who commenced a rehabilitation program in 2012–13 returned to work.

Table 19: Nature of duties on return to work

2008–09 2009–10 2010–11 2011–12 2012–13

Number of workers returned to work during the period 192 212 227 183 151

Full duties 95% 90% 85% 92% 91%

Light duties 5% 10% 15% 8% 9%

Same position 96% 93% 92% 96% 95%

Other position 4% 7% 8% 4% 5%

Full-time 97% 95% 91% 90% 98%

Part-time 3% 5% 9% 10% 2%

Ship 96% 93% 96% 96% 96%

Land 4% 7% 4% 4% 4%



When seafarers return to work after injury, the vast majority return to the same position on full duties. However, graduated return to work opportunities (for example, in supernumerary positions or onshore based duties) may assist returning seafarers as part of a return to work program.

4.9.2 Rehabilitation and return to work—using National Return to Work Survey data

The NRTW Survey reports on a survey of injured workers who have been paid 10 days or more compensation. The survey is carried out by an independent research company, the Social Research Company, across all Australian and New Zealand workers’ compensation jurisdictions, except the Northern Territory and the Australian Capital Territory. It aims to establish benchmarks for measuring return to work and the durability of return to work across these workers’ compensation schemes. In 2012–13, of 3899 injured Australian workers surveyed by confidential interview, 97 were receiving compensation benefits under the Seafarers Act.

The NRTW Survey methodology includes a range of questions aimed at finding out injured workers’ perceptions about the way their compensation claim was managed, and about their rehabilitation and return to work experience.

Due to the change in consultant research company, some of the information previously provided is not reported in the NRTW Survey. Therefore, comparison against previous years is not possible in most circumstances.

Some key Seacare performance indicators, in comparison with national outcomes and where possible, across time, are:

> The Seacare return to work rate (62 per cent) has decreased considerably from the previous year (74 per cent) and is below the national average (86 per cent).

> The durable return to work (referred to as currently returned to work) rate (59 per cent) has also slightly decreased from the previous year (60 per cent) and is below the national average (77 per cent).


Table 20: Seacare return to work compared to national performance

Seacare National

RETURN TO WORK OUTCOMES

Return to work rate 62% 86%

Currently returned to work rate 59% 77%

Source: National Return to Work Survey—Headline Measures Report

Table 21 shows Seacare’s return to work performance over time based on Return to Work Monitor and NRTW Survey data.

Table 21: Seacare return to work trend data

2008–09 2009–10 2010–11 2011–12 2012–13


Return to work rate 76% 72% 87% 74% 62%

Durable return to work plan 67% 62% 74% 60% 59%


The introduction of the NRTW Survey provides an opportunity to gain different insights into the return to work experience and perceptions of injured workers. The following table represents the proportion of injured workers who agree with each statement. Note that comparison against the national average is not available at this time.

Table 22: Experience and perceptions of injured workers

Seacare


Had fully or almost fully recovered 58%

Had returned to work with the same employer 60%

Felt physicaly ready to return to work when they did 56%

Felt emotionally ready to return to work when they did 84%

Felt returning to work helped their recovery 40%

Talked to their manager or team leader about returning to work 25%

Talked to their HR representative about returning to work 31%

Discussed their injury with their employer before submitting a claim 74%

Felt their employer had helped them to manage their injury before they lodged a claim 50%

INJURED WORKER PERCEPTIONS

The workers’ compensation process was open and honest 82%

There was good communication between the various people they dealt with 69%

The system was working to protect their best interests 77%

The system treated them fairly 85%

The system helped them with their recovery 84%

Their employer at the time of injury/illness was still supporting them 53%

The work they were doing before their injury/illness was important to them 98%

The work they were doing before their injury/illness was valued by others 92%

Prior to their injury/illness employees and management were supportive of each other 75%

Prior to their injury/illness their immediate supervisor/manager was committed to workplace safety 74%

Prior to their injury/illness the people they worked with were committed to workplace safety 84%

Prior to their injury/illness they were satisfied with their job 94%

Their employer discouraged them from putting in a claim 16%

They would be treated differently by people at work if they submitted a claim 27%

65APPENDIX 1: SEACARE AUTHORITY FINANCIAL STATEMENTS

APPENDIX 1:

SEACARE AUTHORITY FINANCIAL

STATEMENTS

66 APPENDIX 1: SEACARE AUTHORITY FINANCIAL STATEMENTS


David Sterrett Pui CheungChief Executive Chief Financial Officer10 September 2013 10 September 2013

STATEMENT BY THE CHIEF EXECUTIVE AND THE CHIEF FINANCIAL OFFICER

In our opinion, the attached financial statements for the year ended 30 June 2013 are based on properly maintained financial records and give a true and fair view of the matters required by the Finance Minister’s Orders made under the Financial Management and Accountability Act 1997 , as amended.


SEACARE AUTHORITY Change comparative year periodSTATEMENT OF COMPREHENSIVE INCOMEfor the year ended 30 June 2013

2013 2012Note $ $

EXPENSES

Supplier expenses 3 1,316,933 1,175,319

Total expenses 1,316,933 1,175,319

LESS:OWN-SOURCE INCOME

Own-source revenue

Resources received free of charge 4 1,305,333 1,163,719

Total own-source revenue 1,305,333 1,163,719

Gains

Audit services received free of charge 4 11,600 11,600

Total gains 11,600 11,600

Total own-source income 1,316,933 1,175,319

Net cost of services - -

OTHER COMPREHENSIVE INCOME

Items not subject to subsequent reclassification to profit or loss - -

Total comprehensive income attributable to the Australian Government - -

The above statement should be read in conjunction with the accompanying notes.


SEACARE AUTHORITYADMINISTERED SCHEDULE OFCOMPREHENSIVE INCOMEfor the year ended 30 June 2013

2013 2012Note $ $

EXPENSES

Supplier expenses 141,167 131,913 Workers compensation claims expense 28,367 - Total expenses 5 169,534 131,913

LESS:OWN-SOURCE INCOME

Own-source revenueNon-taxation revenueLevies 158,255 168,795

Total own-source revenue 158,255 168,795

Net cost of services ( 11,279) 36,882

OTHER COMPREHENSIVE INCOMEItems not subject to subsequent reclassification to profit or loss

- - Surplus/(Deficit) on continuing operations ( 11,279) 36,882


SEACARE AUTHORITY ADMINISTERED SCHEDULE OF ASSETS AND LIABILITIES as at 30 June 2013

2013 2012Note $ $

ASSETS

Financial assets Cash at bank 6 330 615 Receivables 7 1,330,290 1,347,051 Total financial assets 1,330,620 1,347,666

LIABILITIES

PayablesIncome received in advance 8 330 1,845 Total payables 330 1,845

ProvisionsWorkers' compensation claims 9 110,854 115,106 Total provisions 110,854 115,106

TOTAL LIABILITIES 111,184 116,951



SEACARE AUTHORITY ADMINISTERED CASH FLOW STATEMENTfor the year ended 30 June 2013

2013 2012Note $ $

Operating Activities

Cash received Levies 156,740 166,650 Other – GST received 5,351 6,739 Total cash received 162,091 173,388

Cash used Suppliers 155,284 145,104 Claims 32,619 - Total cash used 187,903 145,104

Net cash from (used by) operating activities ( 25,812) 28,284

Net increase (decrease) in cash held ( 25,812) 28,284

Cash at the beginning of the reporting period 615 -

Cash from Special Account 187,903 145,104 Cash to Special Account ( 162,376) (172,773)Cash and cash equivalents at the end of the reporting period 330 615



Note1234567891011121314151617

Administered - ProvisionsAdministered Reconciliation TableAdministered Financial AssetsAged Analysis of Receivables

Reporting of Outcomes and OutputsRemuneration of Members

Compensation and Debt Relief

Administered - ReceivablesAdministered - Payables

Remuneration of AuditorsAdministered Special Account

SEACARE AUTHORITYNOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTSfor the year ended 30 June 2013

DescriptionSummary of Significant Accounting PoliciesEvents after the Balance Sheet dateOperating ExpensesIncomeAdministered - ExpensesAdministered - Cash


The administered activities concern the Seafarers Safety Net Fund (the Fund) which was established in October 1992. It was established for the purpose of providing through its contracted agent, Australian Maritime Industry Compensation Agency Ltd (AMICA), a safety net under Section 96 of the Seafarers Rehabilitation and Compensation Act 1992 (Seafarers Act) for the compensation and rehabilitation of injured seafarers not otherwise covered by an employer. The Fund provides coverage to persons who underwent industry training, attended the seafarers’ engagement system and any seafarer or company trainee in situations where the original employer is insolvent or no longer traceable.

The financial statements have been prepared in accordance with:• Finance Minister’s Orders (FMOs) for reporting periods ending on or after 1 July 2012; and• Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board (AASB) that apply for the reporting period.

The Seacare Authority is an Australian Government controlled entity. It is a not-for-profit entity. The objective of the Seacare Authority is to take a leading role in minimising the human and financial costs of workplace injury in the Australian maritime industry.

The Seacare Authority is structured to meet the following outcome:

Outcome 1: Safe and healthy workplaces, and cost effective and fair compensation.

The Seacare Authority has not reported a departmental balance sheet as it does not control assets or incur liabilities in its own right and hence has no departmental commitments or departmental contingent liabilities. The Seacare Authority has not reported a departmental cash flow statement as it does not fund departmental activities. The administration of the Seacare Authority is performed by Comcare. The associated financial transactions are reported in the Comcare financial statements under program component 1.2.4 Provide Support to the Seafarers Safety Rehabilitation and Compensation Commission.

Other Seacare Authority activities contributing toward outcome 1 are classified as administered activities. Administered activities involve the management or oversight by the Seacare Authority, on behalf of the Government, of items controlled or incurred by the Government. Administered revenues, expenses, assets, liabilities and cash flows are disclosed in the schedule of administered items and related notes.

SEACARE AUTHORITYNOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTSFOR THE YEAR ENDED 30 JUNE 2013

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

1.1 Objectives of Seacare Authority

As AMICA was no longer able to obtain insurance, the Government declared on 10 April 2002 that the Seacare Authority is to have the Fund’s powers and obligations under Section 100 of the Seafarers Act. Section 102 of the Seafarers Act requires the Seacare Authority to obtain insurance cover with an authorised insurer for any amount of a claim made by an eligible person that would exceed $1million.

A Special Account called the ‘Seafarers Rehabilitation and Compensation Account’ was established on the 9th of August 2002 under section 20 of the Financial Management and Accountability Act 1997 (FMA Act) to operate for the Fund to receive levies under the Seafarers Act and to make payments arising from liabilities under the Seafarers Act.

Levies are imposed under the Seafarers Rehabilitation and Compensation Levy Act 1992 (Levy Act) on seafarer berths (a berth on a prescribed ship that is normally used by a seafarer). The levies are payable by an employer who employs or engages seafarers on a prescribed ship.

Except where stated otherwise below, administered items are accounted for on the same basis and using the same policies as for Seacare Authority items, including the application of Australian Accounting Standards.

The financial statements are general purpose financial statements and are required by section 49 of the Financial Management and Accountability Act 1997 .

Levies collected by the Seacare Authority are maintained in the Consolidated Revenue Fund (CRF) and drawn down to make payments for the Seafarers Safety Net Fund.

1.2 Basis of Preparation of the Financial Statements

The financial statements have been prepared on an accrual basis and are in accordance with the historical cost convention except where stated.


Adoption of new Australian Accounting Standard requirements

No accounting standard has been adopted earlier than the application date as stated in the standard.

No new standards, revised standards, interpretations and amending standards that were issued prior to the sign-off date were applicable to the current reporting period and had a financial impact on the Seacare Authority.

1.5 Claims Provision

The liability for workers compensation claims is determined in accordance with the requirements of AASB 137 Provisions, Contingent Liabilities and Contingent Assets . Provisions for claims are recognised when: the Seacare Authority has a present legal or constructive obligation as a result of past events; it is probable that an outflow of resources will be required to settle the obligation; and the amount has been reliably estimated.

1.3 Significant Accounting Judgements and Estimates

The expected future payments include those for claims incurred but not reported (IBNR) and anticipated claims handling costs. Claims handling costs include costs that can be associated directly with individual claims, such as legal and other professional fees, and costs that can only be indirectly associated with individual claims, such as claims administration costs.

The value of the claims provision is measured at the present value of expected future payments against claims incurred at the reporting date plus an allowance for the significant uncertainty in estimating future claim payments. The expected future payments are discounted to present value using a risk adjusted rate.

Future Australian Accounting Standard requirements

Where there are a number of similar obligations for each claim type, the likelihood that an outflow will be required in settlement is determined by considering the class of obligations as a whole. A provision is recognised even if the likelihood of an outflow with respect to any one item included in the same claim type may be small.

In the process of applying the accounting policies listed above the Seacare Authority has made a judgement in these financial statements relating to the provision for workers compensation claims. The value of the provision is based on advice received from an independent consulting actuary, Taylor Fry Pty Ltd.

No new standards, revised standards, interpretations and amending standards were issued prior to the sign-off date which are expected to have a financial impact on the Seacare Authority for future reporting periods.

Assets and liabilities are recognised in the Administered Schedule of Assets and Liabilities when and only when it is probable that future economic benefits will flow and the amounts of the assets or liabilities can be reliably measured. Revenues and expenses are recognised in the Schedule when and only when the flow or consumption or loss of economic benefits has occurred and can be reliably measured.

The Seacare Authority had no administered contingent assets or liabilities as at 30 June 2013.

The financial statements are presented in Australian dollars.

1.4 New Australian Accounting Standards

1.6 Revenue/Gain

Resources Received Free of Charge

Resources received free of charge are recognised as revenue or gain when, and only when, a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense.

Resources received free of charge are recorded as either revenue or gains depending on their nature.

Revenue from Levies

Revenue from levies is recognised when:• the entity obtains control of the contribution or right to receive the contribution• it is probable the economic benefits comprising the contribution will flow to the entity; and• the amount can be measured reliably


1.8 Financial Assets

The Seacare Authority classifies its financial assets as receivables. Trade receivables and other receivables that have fixed or determinable payments that are not quoted in an active market are classified as ‘receivables’. Receivables are measured at amortised cost.

The classification depends on the nature and purpose of the financial asset and is determined at the time of initial recognition. Financial assets are recognised and derecognised upon ‘trade date’.

Supplier and other payables are recognised at amortised cost. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced).

1.7 Cash

Cash is recognised at its nominal amount. Cash and cash equivalents includes demand deposits in bank accounts with an original maturity of three months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value.

1.9 Financial Liabilities

Financial liabilities are classified as either financial liabilities ‘at fair value through profit or loss’ or other financial liabilities. Financial liabilities are recognised and derecognised upon ‘trade date’.

Financial liabilities at fair value through profit or loss

Financial liabilities at fair value through profit or loss are initially measured at fair value. Subsequent fair value adjustments are recognised in profit or loss. The net gain or loss recognised in profit or loss incorporates any interest paid on the financial liability.

Other financial liabilities

1.10 Williams v Commonwealth Case Disclosure

4 Income

The value of income represents the services provided free of charge by the ANAO $11,600 (2012: $11,600) and Comcare $1,305,333 (2012: $1,163,719). These services are recognised as gains/revenue respectively.

There were no significant events that had the potential to significantly affect the ongoing structure and financial activities of the Seacare Authority.

3 Operating Expenses

The value of suppliers represents the cost of services provided free of charge by the Australian National Audit Office (ANAO) $11,600 (2012: $11,600) and Comcare $1,305,333 (2012: $1,163,719). These services are recognised as expenses.

Previously the amount recognised as cost of services provided free of charge by Comcare was stated at the amount of government appropriation Comcare received in providing the support services to the Seacare Authority. However, the amount of appropriation received, does not always reflect the actual cost incurred by Comcare.

2 Events after the Balance Sheet date

The Seacare Authority does not employ staff. Comcare pays the expenses associated with the management of the Seacare Authority.

It has been decided that the actual cost incurred by Comcare should be recognised in the Seacare Authority's Statement of Comprehensive Income. The actual cost incurred is determined by Comcare through a cost allocation process.

The Australian Government continues to have regard to developments in case law, including the High Court’s most recent decision on Commonwealth expenditure in Williams v Commonwealth (2012) 288 ALR 410, as they contribute to the larger body of law relevant to the development of Commonwealth programs. In accordance with its general practice, the Government will continue to monitor and assess risk and decide on any appropriate actions to respond to risks of expenditure not being consistent with constitutional or other legal requirements.


Note 5: Administered - Expenses

2013 2012$ $

Supplier expensesRendering of services Seafarers Safety Net Fund administration 141,167 131,913 Total suppliers 141,167 131,913

Workers compensation expenses 28,367 -

Total expenses 169,534 131,913

Note 6: Administered - Cash

2013 2012$ $

Cash represented by: Special AccountAmounts temporarily held in the Administered Official Receipts Account prior to being transferred to the Official Public Account.

330 615

Total cash held as at 30 June 2013 330 615

Note 7: Administered - Receivables

2013 2012$ $

Receivables represent:

Monies held in the special account. These funds are available to be drawn down to fund expenses payable under the Seafarers Rehabilitation and Compensation Act 1992 .

1,321,772 1,338,782

GST receivable 8,518 8,269

Total receivables 1,330,290 1,347,051

No indicators of impairment were found for administered receivables.


Note 8: Administered - Payables

2013 2012$ $

Payables

Income received in advance – Seacare Authority levies 330 1,845

Total Suppliers administered on behalf of Government 330 1,845

Payables are with entities of the Australian Government and the terms are 30 days from date of invoice (2012: 30 days).

Note 9: Administered - Provisions

2013 2012$ $

Provision for workers compensation claims

Carrying amount at beginning of period 115,106 115,106 Release of provision during the period ( 4,252) - Carrying amount at the end of period 110,854 115,106

The key assumptions underlying the 2012-13 valuation were:

Average claim size $28,000Inflation rate 3.75%Discount rate 4.00%Claims handling costs 8.00%

The safety net fund provides coverage to persons who underwent industry training or attended the seafarers’ engagement system and any seafarer or company trainee in situations where the original employer is insolvent or no longer traceable. As such, the Seacare Authority has a financial exposure to all eligible workers’ compensation claims that cannot be met by the original employer.

The value of workers compensation claims expenses was estimated by management using available information including independent actuarial advice provided by Taylor Fry Pty Ltd. The provision for claims incurred but not yet reported (IBNR) includes an allowance for uncertainty of 55% (2011: 55%). Management considers the inclusion of an allowance for uncertainty in the provision to be appropriate on the basis that only one successful claim has been made on the Seafarers Safety Net Fund since it has been managed by the Seacare Authority and thus a greater level of variability exists in relation to its estimation.


Note 10: Administered Reconciliation Table

2013 2012$ $

Opening administered assets less administered liabilities at 1 July 1,230,715 1,193,833 Plus: Administered revenues 158,255 168,795

1,388,970 1,362,628 Less: Administered expenses (non CAC) 169,534 131,913 Closing administered assets less administered liabilities at 30 June 1,219,436 1,230,715

Note 11: Administered Financial Assets

2013 2012$ $

Financial assetsCash at bank 330 615 Receivables from the special account 1,321,772 1,338,782 GST receivable 8,518 8,269 Carrying amount of financial assets 1,330,620 1,347,666

Note 12: Aged Analysis Receivables

2013 2012$ $

Not overdue 1,330,290 1,347,666 Overdue by:

0 to 30 days - -30 to 60 days - -61 to 90 days - -more than 90 days - -

Total receivables 1,330,290 1,347,666

Note 13: Remuneration of Auditors

The Australian National Audit Office did not charge a fee for the audit of the 2012-13 financial statements. The notional amount of $11,600 was brought to account in the 2012-13 financial year as services provided free of charge (2012: $11,600). No other services were provided by the auditors of the financial statements.


2013$

2012$

1,338,782 1,297,92113,868 19,930

156,410 166,0351,509,060 1,483,886(187,903) (145,104)

1,321,157 1,338,782

Note 14: Administered Special Account

Seafarers Rehabilitation and Compensation Account (Administered)

Other receipts – Levy receiptsAvailable for payments

Section 83 of the Constitution provides that no amount may be paid out of the Consolidated Revenue Fund except under an appropriation made by law.

Balance carried to the next period*

Establishing instrument: Seafarers Rehabilitation and Compensation Levy Act 1992 ( Levy Act); s4Levy Collection Act ; s16Appropriation: FMA Act; s20Purpose: for the receipt of all levies, the payment of expenses incurred in administering the Special Account and the payment of claims under the Seafarers Act. This account is non-interest bearing

Balance carried from previous periodGST receipts (FMAA s30A)

Less: Payments made

The Department of Finance and Deregulation provided information to all agencies in 2012 regarding the need for risk assessments in relation to compliance with statutory conditions on payments from special appropriations, including special accounts.

During 2012-13 there were no instances of non-compliance with Section 83.

*All cash is held in the Official Public Account (OPA)

Note 1.10 provides additional information regarding the requirement to comply with section 83.

The account has the following purposes:(a) the payment of claims, or other amounts payable by the Seacare Authority under or by virtue of the Seafarers Act, being amounts payable because of the declaration of the Seacare Authority as the Seafarers Safety Net Fund (the Fund);(b) the payment of expenditure incurred in, or attributable to, the administration of the Fund,(c) payment to persons from whom the levy was collected under the Levy Collection Act;(d) the payment of any premium for a policy of insurance or indemnity for any amount of the Seacare Authority’s liability under the Seafarers Act;(e) any departmental purpose or administered purpose of the Department administering the Seafarers Act, but only up to an amount which had previously been expended by the Department for other purposes of the Account; and(f) payment to any trading corporation which may be approved under section 96 of the Seafarers Act to be the Fund for the purposes of that Act of an amount not exceeding the amount of the levy collected under the Levy Act less any payments made from the Account.

Compliance with Statutory Conditions for Payments


Note 15: Compensation and Debt Relief

2013 2012$ $

Waivers8,145 Nil

Act of Grace paymentsNil Nil

Ex-Gratia paymentsNil Nil

Defective Administration SchemeNil Nil

Public Service Act 1999Nil Nil

7 debts were waived in accordance with the determination under of Section 34(1)(a) of the Financial Management and Accountability Act 1997 and in accordance with s20A of the Seafarers Rehabilitation and Compensation Act 1992 (2012: Nil)

No Act of Grace payments made under Financial Management and Accountability Act 1997 subsection 33(1) during the reporting period

No payments were made under approved ex-gratia program during the reporting period

Seacare is not subject to the 'Defective Administration Scheme' and no payments were made during the reporting period

No payments were made under s73 of the Public Service Act 1999 during the reporting period


2013 2012 2013 2012$ $ $ $

169,534 131,913 169,534 131,9131,316,933 1,175,319 1,316,933 1,175,3191,486,467 1,307,232 1,486,467 1,307,232

156,410 166,035 156,410 166,0351,316,933 1,175,319 1,316,933 1,175,3191,473,343 1,341,354 1,473,343 1,341,354

13,124 (34,122) 13,124 (34,122)

Note 16: Reporting of Outcomes and Outputs

ExpensesAdministeredDepartmentalTotal expensesExternal revenues

16A Outcome

Outcome 1: Safe and healthy workplaces, and cost effective and fair compensation.

16B Net Cost of Outcome Delivery

Outcome 1 Total

AdministeredDepartmentalTotal external revenuesNet cost/(contribution) of outcome

16C Departmental Revenues and Expenses by Output Groups

Revenue and expenses by outcome table has not been reported as there is only one outcome.

The aggregate amount of remuneration received by the part time members of the Seacare Authority, not employed by the Australian Government, but paid by Comcare (on behalf of the Seacare Authority) during the period was $11,952 (2012: $9,061).

16D Assets and Liabilities by Outcome

Assets and Liabilities by outcome table has not been reported as there is only one outcome.

17 Remuneration of Members

83APPENDIX 2: SEACARE AUTHORITY PUBLICATIONS

APPENDIX 2:

SEACARE AUTHORITY PUBLICATIONS

84 APPENDIX 2: SEACARE AUTHORITY PUBLICATIONS

The following Seacare Authority publications were available during 2012–13.

Notices to maritime industry organisations and other interested parties

04/2013 Indexation of compensation benefits (27 June 2013)

03/2013 Indexation of compensation benefits (27 June 2013)

02/2013 Release of the report on the Review of the Seacare scheme (21 May 2013)

01/2013 Maximum level of benefits (6 March 2013)

08/2012 Review of the Seacare scheme announced (22 October 2012)

07/2012 Maximum Level of benefits (29 August 2012)

06/2012 Coastal Trading Reform Package—Consequential Amendments to Seacare Legislation (27 June 2012)

05/2012 Indexation of compensation benefits (13 June 2012—revoked by Notice 03/2013)

Brochures

Brochure 2 Employee’s guide to workers’ compensation (May 2012)

Brochure 3 Employer’s guide to workers’ compensation (May 2012)

Brochure 4 Occupational Health and Safety (April 2006)

Brochure 5 Rehabilitation and Return to Work (April 2006)

Seacare News

Issue 24 (December 2012)

Forms

Name of Form Form number Date

Claim for workers’ compensation 1 May 2012

Claim for permanent impairment and non-economic loss 2 May 2012

Claim for Compensation for a work-related death 3 May 2012

Report on the employer’s determination for a claim for workers’ compensation 4 May 2012

Report on the employer’s determination for a claim for permanent impairment 5 May 2012

Report on the determination for a claim for compensation for a work-related death

6 May 2012

Seacare Online—User access request form 7 May 2011

Claim update 8 November 2010

Request for an extension of time to determine workers’ compensation liability under the Seafarers Rehabilitation and Compensation Act 1992

9 February 2012

Section 20A application for exemption from the application of the Seafarers Rehabilitation and Compensation Act 1992

10 May 2010

Levy and Berths Return 11 December 2006

OHS Incident Alert AMSA 18 April 2004

OHS Incident Report AMSA 19 July 2005

Health and safety representatives (HSR) training course—assessment report September 2011

85APPENDIX 2: SEACARE AUTHORITY PUBLICATIONS

Other publications

> Seacare scheme Occupational Health and Safety Regulation Policy—August 2012

> Seacare Authority Guidelines for granting an extension of time—February 2012

> Information for legal practitioners—January 2012

> Guide to the Assessment of the Degree of Permanent Impairment (Edition 2.1)—December 2011

> Guidance on Confined Spaces Training—August 2011

> Guidance on the prohibition on the use of asbestos in workplaces in the Seacare jurisdiction—June 2011

> Seacare Authority notice and compliance procedures—May 2011

> 2015 Strategic Plan—Seacare 2015 Strategic Plan: Issues Paper—March 2011

> Guidelines for the Accreditation of Health and Safety Representatives Training Courses—November 2010

> Best Practice Guide: Claims Management—October 2010

> Seafarers Safety Net Fund—Return and levy procedures—September 2010

> Health and Safety Representatives Handbook—A guide for HSRs in the Australian maritime industry—September 2008

> Health and Safety Representatives Handbook—A guide for HSRs in the Australian maritime industry (short version)—September 2008

> A Best Practice Guide—Seafarers Rehabilitation and Return to Work—October 2007

> A Best Practice Guide—Seafarers Rehabilitation and Return to Work (Short version)—October 2007

> Seafarers Safety, Rehabilitation and Compensation Authority Service Charter—July 2001

> Seacare Authority Code of Practice 1/2000—April 2000

All Seacare publications are available free of charge by contacting the Seacare Management Section and through the Seacare website.

86 APPENDIX 3: SEACARE SCHEME EMPLOYERS, OPERATORS AND SHIPS

87APPENDIX 3: SEACARE SCHEME EMPLOYERS, OPERATORS AND SHIPS

APPENDIX 3:

SEACARE SCHEME EMPLOYERS,

OPERATORS AND SHIPS


There were 37 employers of seafarers and 71 operators in the Seacare scheme in 2012–13. There were 359 ships engaged in the scheme throughout 2012–13 based on details declared by scheme employers.

It should be noted that in some circumstances where the Seafarers Act applies, the OHS(MI) Act may not apply and vice versa. However, for the majority of vessels operating under the scheme both Acts apply.

Employer Operator name Ship name

ASP Ship Management Pty Ltd Alcoa Lindesay Clarke1

Alcoa MV Portland1

BP Shipping British Fidelity1

BP Shipping British Loyalty1

Jebsens MV Surness1

Rio Tinto Marine River Boyne

Rio Tinto Marine RTM Piiramu1

Rio Tinto Marine RTM Twarra1

Rio Tinto Marine RTM Wakmatha

TT Line Spirit Of Tasmania 12

TT Line Spirit Of Tasmania 22

Australian Offshore Solutions Pty Ltd

Australian Offshore Solutions Offshore Quest

Jan De Nul Australia DN 2033

Jan De Nul Australia Fernao De Magalhaes3

Jan De Nul Australia Joseph Plateau3

Jan De Nul Australia Juan Sebastian De Elcano3

Jan De Nul Australia La Boudeuse3

Jan De Nul Australia Le Sphinx3

Jan De Nul Australia Mimar Sinan3

Jan De Nul Australia Santiago3

Jan De Nul Australia Sebastiano Caboto3

Jan De Nul Australia Trinidad3

Jan De Nul Australia Victoria3

Bhagwan Marine Pty Ltd Bhagwan Marine Pty Ltd Alamo

Bhagwan Marine Pty Ltd Ammari

Bhagwan Marine Pty Ltd Ando

Bhagwan Marine Pty Ltd Arabella

Bhagwan Marine Pty Ltd Bhagwan Abrolhos

Bhagwan Marine Pty Ltd Bhagwan Houtman

Bhagwan Marine Pty Ltd Bhagwan Mover

Bhagwan Marine Pty Ltd Bhagwan Ocean

Bhagwan Marine Pty Ltd Bhagwan Renegade

Bhagwan Marine Pty Ltd Bhagwan Rocker



Bhagwan Marine Pty Ltd Bhagwan Marine Pty Ltd Bhagwan Roller

Bhagwan Marine Pty Ltd Bhagwan Shaker

Bhagwan Marine Pty Ltd Bhagwan Stallion

Bhagwan Marine Pty Ltd Bhagwan Statum

Bhagwan Marine Pty Ltd Bhagwan Vigilant

Bhagwan Marine Pty Ltd Bhagwan-K

Bhagwan Marine Pty Ltd Borderline

Bhagwan Marine Pty Ltd Brazilian

Bhagwan Marine Pty Ltd Business Class

Bhagwan Marine Pty Ltd Enrybo-Kae

Bhagwan Marine Pty Ltd First Class

Bhagwan Marine Pty Ltd Harietta

Bhagwan Marine Pty Ltd IM Grace

Bhagwan Marine Pty Ltd Lauri-J

Bhagwan Marine Pty Ltd Leviathan

Bhagwan Marine Pty Ltd Lobo

Bhagwan Marine Pty Ltd Loligo

Bhagwan Marine Pty Ltd New Horizon

Bhagwan Marine Pty Ltd Ocean Quest

Bhagwan Marine Pty Ltd Pedro

Bhagwan Marine Pty Ltd Samson Explorer

Bhagwan Marine Pty Ltd Sea Stryder

Bhagwan Marine Pty Ltd Sea Wanderer II

Bhagwan Marine Pty Ltd Stenella

Bhagwan Marine Pty Ltd Wauri

Bhagwan Marine Pty Ltd Yvonne W

BOSKALIS Australia Pty Ltd BOSKALIS Australia Pty Ltd BKM 102

BOSKALIS Australia Pty Ltd TSHD Gateway

Carpentaria Management Services

Carpentaria Management Services Aburri

Coastal Tug Barge Pty Ltd Coastal Tug and Barge Karama

Coastal Tug and Barge Marrakai

Coastal Tug and Barge Wyong

Compass Group Pty Ltd Transocean Deep Water Frontier4

Woodside Energy Ltd Nganhurra

Woodside Energy Ltd Ngujima-Yin

Woodside Energy Ltd Okha



CPC Services (NQ) Pty Ltd Coral Princess Cruises Coral Princess

Coral Princess Cruises Oceanic Discoverer

EMAS Offshore Services (Australia) Pty Ltd

EMAS Offshore Services Lewek Avior

Farstad Shipping (Indian Pacific) Pty Ltd

Farstad Shipping (Indian Pacific) Pty Ltd Far Fosna

Farstad Shipping (Indian Pacific) Pty Ltd Far Grip

Farstad Shipping (Indian Pacific) Pty Ltd Far Sabre

Farstad Shipping (Indian Pacific) Pty Ltd Far Saltire

Farstad Shipping (Indian Pacific) Pty Ltd Far Saracen

Farstad Shipping (Indian Pacific) Pty Ltd Far Scandia

Farstad Shipping (Indian Pacific) Pty Ltd Far Scimitar

Farstad Shipping (Indian Pacific) Pty Ltd Far Shogan

Farstad Shipping (Indian Pacific) Pty Ltd Far Skimmer

Farstad Shipping (Indian Pacific) Pty Ltd Far Sky

Farstad Shipping (Indian Pacific) Pty Ltd Far Sound

Farstad Shipping (Indian Pacific) Pty Ltd Far Spirit

Farstad Shipping (Indian Pacific) Pty Ltd Far Strait

Farstad Shipping (Indian Pacific) Pty Ltd

Farstad Shipping (Indian Pacific) Pty Ltd Far Stream

Farstad Shipping (Indian Pacific) Pty Ltd Far Supplier

Farstad Shipping (Indian Pacific) Pty Ltd Far Swan

Farstad Shipping (Indian Pacific) Pty Ltd Far Sword

Farstad Shipping (Indian Pacific) Pty Ltd Lady Astrid

Farstad Shipping (Indian Pacific) Pty Ltd Lady Grace

Farstad Shipping (Indian Pacific) Pty Ltd Lady Grete

Farstad Shipping (Indian Pacific) Pty Ltd Lady Kari Ann

Farstad Shipping (Indian Pacific) Pty Ltd Lady Melinda

Farstad Shipping (Indian Pacific) Pty Ltd Lady Sandra

Gardline Australia Pty Ltd Gardline Australia Pty Ltd ACV Ashmore Guardian

Gardline Australia Pty Ltd ACV Triton

Gardline Australia Pty Ltd Oceaneer

Go Offshore Pty Ltd DB Shenker Combi Deck I

DB Shenker Combi Deck III

Go Offshore Pty Ltd Deep Sea 1

Go Offshore Pty Ltd FOS Polaris

Go Offshore Pty Ltd Go Altair1

Go Offshore Pty Ltd Go Canopus

Go Offshore Pty Ltd Go Capella

Go Offshore Pty Ltd Go Elnath



Go Offshore Pty Ltd Go Offshore Pty Ltd Go Emerald

Go Offshore Pty Ltd Go Enif

Go Offshore Pty Ltd Go Polaris

Go Offshore Pty Ltd Go Rigel

Go Offshore Pty Ltd Go Sirius1

Go Offshore Pty Ltd Nautika Pride

Go Offshore Pty Ltd Sealink 1611

Go Offshore Pty Ltd Toisa Solitaire1

Go Offshore Pty Ltd UOS Discovery

Go Offshore Pty Ltd UOS Endeavour1

Seabird Exploration Dubai Aquilla Explorer1

Seabird Exploration Dubai Voyager Explorer

Inco Ships Pty Ltd Adelaide Brighton Cement Accolade II1

CSL Australia CSL Atlantic

CSL Australia CSL Brisbane1

CSL Australia CSL Melbourne1

CSL Australia CSL Pacific1

CSL Australia CSL Thevenard1

CSL Australia CSL Whyalla

CSL Australia Goliath1

CSL Australia Iron Chieftain1

HAMMONIA Reederei HR Endeavour

Jan De Nul (Australia) Pty Ltd Jan De Nul Australia DN30

Jan De Nul Australia DN57

Jan De Nul Australia DN2033

Jan De Nul Australia Fernao De Megalhaes3

Jan De Nul Australia Joseph Plateau3

Jan De Nul Australia Juan Sebastian De Elcano3

Jan De Nul Australia La Bourdeuse5

Jan De Nul Australia Le Sphinx

Jan De Nul Australia L’Etoile

Jan De Nul Australia Mimar Sinan3

Jan De Nul Australia Santiago3

Jan De Nul Australia Sebastiano Caboto3

Jan De Nul Australia Trinidad3

Jan De Nul Australia Victoria3

Jan De Nul Australia Vitruvius

Jan De Nul Australia Willem De Vlamingh



Maritime Employees Training Ltd

Adelaide Brighton Cement Accolade II1

Alcoa Australia MV Portland1

BP Shipping British Fidelity1

BP Shipping British Loyalty1

CSL Australia CSL Brisbane1

CSL Australia CSL Melbourne1

CSL Australia CSL Pacific1

CSL Australia CSL Thevenard1

CSL Australia Goliath1

CSL Australia Iron Chieftain1

CSL Australia Lindsey Clarke1

Edda Accommodation Edda Fides1

Go Offshore Pty Ltd Aquilla Explorer1

Go Offshore Pty Ltd Go Altair1

Go Offshore Pty Ltd Go Sirius1

Go Offshore Pty Ltd Sealink 1611

Go Offshore Pty Ltd Toisa Solitaire1

Go Offshore Pty Ltd UOS Endeavour1

Jebsens MV Surness1

Rio Tinto Marine RTM Piiramu1

Rio Tinto Marine RTM Twarra1

Sea Trucks Australia Jascon 251

Solstad Offshore Asia Pacific Ltd Normand Clough1

Mermaid Marine Australia Ltd Mermaid Marine Australia Ltd Britoil 121

Mermaid Marine Australia Ltd Dana Cruz

Mermaid Marine Australia Ltd Mermaid Achiever

Mermaid Marine Australia Ltd Mermaid Arrow

Mermaid Marine Australia Ltd Mermaid Carver6

Mermaid Marine Australia Ltd Mermaid Chieftain

Mermaid Marine Australia Ltd Mermaid Commando

Mermaid Marine Australia Ltd Mermaid Cove6

Mermaid Marine Australia Ltd Mermaid Discovery

Mermaid Marine Australia Ltd Mermaid Endeavour

Mermaid Marine Australia Ltd Mermaid Guardian

Mermaid Marine Australia Ltd Mermaid Inscription

Mermaid Marine Australia Ltd Mermaid Investigator6

Mermaid Marine Australia Ltd Mermaid Leveque6



Mermaid Marine Australia Ltd Mermaid Marine Australia Ltd Mermaid Provider6

Mermaid Marine Australia Ltd Mermaid Ranger6

Mermaid Marine Australia Ltd Mermaid Reliance6

Mermaid Marine Australia Ltd Mermaid Resolution6

Mermaid Marine Australia Ltd Mermaid Resource

Mermaid Marine Australia Ltd Mermaid Searcher6

Mermaid Marine Australia Ltd Mermaid Sentinel6

Mermaid Marine Australia Ltd Mermaid Sound6

Mermaid Marine Australia Ltd Mermaid Spirit

Mermaid Marine Australia Ltd Mermaid Storm6

Mermaid Marine Australia Ltd Mermaid Strait6

Mermaid Marine Australia Ltd Mermaid Supporter6

Mermaid Marine Australia Ltd Mermaid Titan

Mermaid Marine Australia Ltd Mermaid Vantage6

Mermaid Marine Australia Ltd Mermaid Vision6

Mermaid Marine Australia Ltd Mermaid Voyager6

Mermaid Marine Australia Ltd Toll Sandfly

North Star Cruises Australia Pty Ltd

North Star Cruises Australia Pty Ltd True North

Offshore Marine Services Pty Ltd

BHP Billiton Petroleum Pty Ltd L’Etoile5

BHP Billiton Petroleum Pty Ltd La Bourdeuse5

BHP Billiton Petroleum Pty Ltd Le Sphinx5

BHP Billiton Petroleum Pty Ltd OMS Terra Nova8

BHP Billiton Petroleum Pty Ltd Postnik Yakovlev8

BHP Billiton Petroleum Pty Ltd Trinidad5

BHP Billiton Petroleum Pty Ltd Victoria5

BHP Billiton Petroleum Pty Ltd Willem De Vlamingh5

DOF Management Australia Pty Ltd Skandi Atlantic7,8

Fugro Norway Marine Services Cassandra VI

Fugro TSM Pty Ltd Rem Etive

Fugro TSM Pty Ltd Southern Ocean

Gardline Marine Sciences Pty Ltd MV Duke8

Global Offshore Pty Ltd Global 1201

Northern Marine Manning Ltd Venturer

OMS Alliance Pty Ltd Brit Oil 208






Offshore Marine Services Pty Ltd

OMS Alliance Pty Ltd Christian8

OMS Alliance Pty Ltd Kaituna8

OMS Alliance Pty Ltd Karepo8

OMS Alliance Pty Ltd Komata8

OMS Alliance Pty Ltd Konui8

OMS Alliance Pty Ltd Malu Explorer8

OMS Alliance Pty Ltd Moin8

OMS Alliance Pty Ltd PB Cook8

OMS Alliance Pty Ltd PB Fitzroy8

OMS Alliance Pty Ltd PB Gibson8

OMS Alliance Pty Ltd PB King8

OMS Alliance Pty Ltd Star Aries8

PGS Australia Pty Ltd Ramform Explorer8

PGS Australia Pty Ltd Ramform Sterling8

Polarcus Seismic Ltd Polarcus Alima8

POSH Australia Pty Ltd Salivigilant8

PTTEP Australasia (Ashmore Carrier) Pty Ltd/Woodside Energy Ltd

OMS Endurance

Sea Trucks Australia Pty Ltd Jascon 251

Solstad Offshore Asia Pacific Ltd Nor Australis

Solstad Offshore Asia Pacific Ltd Nor Supporter8

Solstad Offshore Asia Pacific Ltd Normand Clough1

Subsea 7 Crewing Ltd Rockwater 2

Transocean Deepwater Frontier4

P&O Maritime Services Pty Ltd P&O Maritime Service Pty Ltd Aurora Australis

P&O Maritime Service Pty Ltd MV Wunma

P&O Maritime Services Pty Ltd P&O Maritime Service Pty Ltd Southern Supporter

P&O Maritime Service Pty Ltd Southern Surveyor

Pacific Tug (Aust) Pty Ltd Pacific Tug (Aust) Pty Ltd Cape Don

Pacific Tug (Aust) Pty Ltd Coastal Challenger

Pacific Tug (Aust) Pty Ltd Kurutai

Pacific Tug (Aust) Pty Ltd PT Fortitude

Pacific Tug (Aust) Pty Ltd PT Kotor

Pacific Tug (Aust) Pty Ltd PT Kythira

Pacific Tug (Aust) Pty Ltd PT Mary

Pacific Tug (Aust) Pty Ltd PT May

Pacific Tug (Aust) Pty Ltd PT Monto

Pacific Tug (Aust) Pty Ltd PT Nautilus

Pacific Tug (Aust) Pty Ltd PT Transporter



Pacific Tug (Aust) Pty Ltd Pacific Tug (Aust) Pty Ltd PT Zarka

Pacific Tug (Aust) Pty Ltd WorkBoat 29

Paspaley Pearling Co. Pty Ltd Paspaley Pearling Co. Pty Ltd Christine

Paspaley Pearling Co. Pty Ltd Clare II

Paspaley Pearling Co. Pty Ltd Paspaley 4

PB Towage (Australia) Pty Ltd PB Towage (Australia) Pty Ltd PB Daintree

PB Towage (Australia) Pty Ltd PB Endeavour

PB Towage (Australia) Pty Ltd PB Herbert

PB Towage (Australia) Pty Ltd PB Hunter

PB Towage (Australia) Pty Ltd PB Leichhardt

PB Towage (Australia) Pty Ltd PB Murrumbidgee

Perkins Shipping Pty Ltd t/a Toll Marine Logistics

Toll Marine Logistics Biquele Bay

Toll Marine Logistics Caledon Bay

Toll Marine Logistics Coral Bay

Toll Marine Logistics Fourcroy

Toll Marine Logistics Spirit Of The Kimberly

Toll Marine Logistics Toll Dragonfly

Toll Marine Logistics Toll Firefly

Perkins Shipping Pty Ltd t/a Toll Marine Logistics

Toll Marine Logistics Toll Kestrel

Toll Marine Logistics Toll Osprey

Toll Marine Logistics Victoria 8

Toll Marine Logistics Victoria Tujuh

Toll Marine Logistics Warrender

Port of Brisbane Pty Ltd Port of Brisbane Pty Ltd Brisbane

PTTEP Australasia Pty Ltd PTTEP Australasia Pty Ltd Montara Venture

Samson Maritime Pty Ltd Samson Express Offshore Aimee

Samson Express Offshore Alert

Samson Express Offshore Cape Mac

Samson Express Offshore Fine Time

Samson Express Offshore Incentive

Samson Express Offshore Interceptor

Samson Express Offshore Lady Christine

Samson Express Offshore Lanpan 18

Samson Express Offshore MEO Sovereign 1

Samson Express Offshore Miclyn Bay

Samson Express Offshore Miclyn Legend

Samson Express Offshore Miclyn Venture

Samson Express Offshore Ocean Eagle



Samson Maritime Pty Ltd Samson Express Offshore Samson 101

Samson Express Offshore Samson Mariner

Samson Express Offshore Samson VI

Samson Express Offshore Samson VII

Samson Express Offshore Tarka

Samson Express Offshore Vigilant

SeaRoad Shipping Pty Ltd SeaRoad Shipping Searoad Mersey

SeaRoad Shipping Searoad Tamar

SVITZER Offshore Pty Ltd Maersk Supply Service Maersk Nexus

Maersk Supply Service Maersk Nomad

Maersk Supply Service Maersk Promoter

Maersk Supply Service Maersk Server

SVITZER Offshore Pty Ltd Maersk Supply Service Maersk Supporter

Swire Pacific Ship Management (Australia) Pty Ltd


Pacific Barbarian


Pacific Battler


Pacific Blade


Pacific Buccaneer


Pacific Diligence


Pacific Hornbill


Pacific Ranger


Pacific Responder


Pacific Rover


Pacific Valkyrie


Pacific Vigour


Pacific Vixen


Pacific Vulcan


Pacific Warlock


Pacific Worker





Pacific Wrangler


Pacific Wrestler

Teekay Shipping (Australia) Pty Ltd

Apache Energy Dampier Spirit

Apache Energy Ningaloo Vision

Australian Customs Department Ocean Protector

Australian Defence Force Ocean Shield

BHP Billiton Mariloula

Teekay Shipping (Australia) Pty Ltd

BHP Billiton Pacific Triangle

Caltex Alexander Spirit

Caltex Hugli Spirit

Rio Tinto RTM Weipa

Shell Tandara Spirit

Sugar Australia Pioneer

Teekay Shipping Lowlands Prosperity

Teekay Shipping Valiant II

Tidewater Marine Australia Pty Ltd

Tidewater Marine Australia Pty Ltd Aldemir Souza Tide

Tidewater Marine Australia Pty Ltd Allison Tide

Tidewater Marine Australia Pty Ltd Bailey Tide

Tidewater Marine Australia Pty Ltd Bordeaux Tide

Tidewater Marine Australia Pty Ltd Day Tide

Tidewater Marine Australia Pty Ltd Dulaca Tide

Tidewater Marine Australia Pty Ltd Hart Tide

Tidewater Marine Australia Pty Ltd J. Keith Lousteau

Tidewater Marine Australia Pty Ltd Kosarca Tide

Tidewater Marine Australia Pty Ltd William E Bright

Tidewater Marine Australia Pty Ltd William R. Croyle

Tidewater Marine Australia Pty Ltd Wise Tide II

Toll Shipping Pty Ltd Toll Shipping Tasmanian Achiever

Toll Shipping Toll Osborne

Toll Shipping Victorian Reliance

Total Marine Services Pty Ltd Allseas Calamity Jane

Allseas Highland Navigator

Allseas Lorelay

Allseas Minervagracht

Boa Offshore AS Boa Sub C

Bourbon Bourbon Liberty 213

Bourbon Bourbon Liberty 227

98


Total Marine Services Pty Ltd Bourbon Bourbon Liberty 254

Caldive Omaha

Caldive Utah II

CGG Geo Caspian

CGG Guard Merlin

DOF Management Australia Pty Ltd Geo Bay

DOF Sub Sea Skandi Atlantic7

DOF Sub Sea Skandi Hawk

DOF Sub Sea Skandi Hercules

DOF Sub Sea Skandi Singapore

Edda Accomodation Edda Fides1

Eidesvik Shipping Viking Vision

EMAS Offshore Lewek Teal

Fugro Geo Team Geo Atlantic

Fugro Marine Services Pte Ltd Fugro Supporter

Fugro Survey Synergy

Halin Carlisle

McDermott North Ocean 102

McDermott North Ocean 105

Mermaid Marine Australia Ltd Mermaid Carver6

Mermaid Marine Australia Ltd Mermaid Cove6

Mermaid Marine Australia Ltd Mermaid Investigator6

Mermaid Marine Australia Ltd Mermaid Leveque6

Mermaid Marine Australia Ltd Mermaid Provider6

Mermaid Marine Australia Ltd Mermaid Ranger6

Mermaid Marine Australia Ltd Mermaid Reliance6

Mermaid Marine Australia Ltd Mermaid Resolution6

Mermaid Marine Australia Ltd Mermaid Searcher6

Mermaid Marine Australia Ltd Mermaid Sentinel6

Mermaid Marine Australia Ltd Mermaid Storm6

Mermaid Marine Australia Ltd Mermaid Strait6

Mermaid Marine Australia Ltd Mermaid Supporter6

Mermaid Marine Australia Ltd Mermaid Vantage6

Mermaid Marine Australia Ltd Mermaid Vision6

Mermaid Marine Australia Ltd Mermaid Voyager6

Neptune Diving Services Crest Odyssey 2

Pelagic Spinifix

Smit Lamnalco Lamnalco Griffin

APPENDIX 3: SEACARE SCHEME EMPLOYERS, OPERATORS AND SHIPS

99


Total Marine Services Pty Ltd Smit Lamnalco Lamnalco Mallard

Strato Maritime Services Singapore CPC Zapata

Westsea Marine Westsea Anne Marie

Westsea Marine Westsea Gail

Westsea Marine Westsea Hawk

Westsea Marine Westsea Kestrel

Westsea Marine Westsea Phoenix

Westsea Marine Westsea Swift

Trident Shipping Services Pty Ltd

Trident LNG Shipping Services Northwest Sanderling

Trident LNG Shipping Services Northwest Sandpiper

Trident LNG Shipping Services Northwest Snipe

Trident LNG Shipping Services Northwest Stormpetrel

TT Line Pty Ltd TT Line Spirit of Tasmania 12

TT Line Spirit of Tasmania 22

Van Oord (Australia) Pty Ltd Van Oord (Australia) Pty Ltd Athena

Van Oord (Australia) Pty Ltd Atlas

Van Oord (Australia) Pty Ltd Cornelius Lely

Van Oord (Australia) Pty Ltd Joop

Van Oord (Australia) Pty Ltd Oceanus

Van Oord (Australia) Pty Ltd Pieter Caland

Van Oord (Australia) Pty Ltd Rotterdam

Van Oord (Australia) Pty Ltd TSHD Pelican

Van Oord (Australia) Pty Ltd Volvox Maxima

Van Oord (Australia) Pty Ltd Volvox Terronova


1 Crew included trainees provided by Maritime Employees Training Ltd

2 Crewing responsibilities shared by ASP Ship Management Pty Ltd and TT Line Pty Ltd

3 Crewing responsibilities shared by Australian Offshore Solutions Pty Ltd and Jan De Nul (Australia) Pty Ltd

4 Crewing responsibilities shared by Compass Group Pty Ltd and Offshore Marine Services Pty Ltd

5 Crewing responsibilities shared by Jan De Nul (Australia) Pty Ltd and Offshore Marine Services Pty Ltd

6 Crewing responsibilities shared by Mermaid Marine Australia Ltd and Total Marine Services Pty Ltd

7 Crewing responsibilities shared by Offshore Marine Services Pty Ltd and Total Marine Services Pty Ltd

8 Upon review by Offshore Marine Services Pty Ltd, vessel did not fall within scheme. Data recorded for vessel for first half 2012–13

APPENDIX 3: SEACARE SCHEME EMPLOYERS, OPERATORS AND SHIPS

100 GLOSSARY

101

GLOSSARY

GLOSSARY

102

Glossary

AAT Administrative Appeals Tribunal

AAT Act Administrative Appeals Tribunal Act 1975

AMICA Australian Maritime Industry Compensation Agency Ltd (the trustee for AMICF)

AMICA Australian Maritime Industry Compensation Agency Ltd

AMICF Australian Maritime Industry Compensation Foundation

AMSA Australian Maritime Safety Authority—OHS Inspectorate for the Seacare Scheme

ARC Australian Review Council

Australian WHS Strategy

Australian Work Health and Safety Strategy 2012–2022

CPM Comparative Performance Monitoring

CPM Report Comparative Performance Monitoring Report

ESD Employee and Ship Details—report required from scheme employers every six months and submitted via Seacare Online.

FMA Act Financial Management and Accountability Act 1997

FOI Act Freedom of Information 1982

Fraud Control Guidelines

Commonwealth Fraud Control Guidelines 2011

FTE Full-time equivalent—the formula for calculating a FTE employee number in this report is the standard complement of seafarers engaged on each ship at any one time (for example, ship berths), multiplied by the proportion of the reporting period that the vessel was operational and/or the seafarers were covered under the Seafarers Act, multiplied by the usual weekly shift hours worked on the vessel (according to the relevant industrial agreement), divided by the average weekly working hours. (Note: the latest available [2004] Australian Bureau of Statistics average hours worked per week by persons employed full-time is 40.4).

Hours worked A reference to the method for adjusting hours worked data used in Seacare (adjusted) Authority Annual Reports prior to 2003–04, where hours were adjusted by employers at the time of reporting to the Seacare Authority to reflect a 12-hour working day in the Bluewater sector and a 14-hour working day in the Offshore sector, for data comparability purposes.

GLOSSARY

103GLOSSARY

HSR Health and safety representative

HWCA Heads of Workers’ Compensation Authorities

IBNR Incurred but not reported

Levy Act Seafarers Rehabilitation and Compensation Levy Act 1992

Levy Collection Act Seafarers Rehabilitation and Compensation Levy Collection Act 1992

MoU Memorandum of Understanding

National OHS Strategy

National Occupational Health and Safety Strategy 2002–2012

Navigation Act Navigation Act 1992

Navigation Act 2012 Navigation Act 2012

NRTW Survey National Return to Work Survey

OHS Occupational health and safety

OHS(MI) Act Occupational Health and Safety (Maritime Industry) Act 1993

OHS Plan Seacare Authority/AMSA OHS Plan 2013–2018

P&I Club Protection and indemnity association

PBS Portfolio Budget Statements

Regulation Policy Seacare scheme Occupational Health and Safety Regulation Policy

Seacare Authority Seafarers Safety, Rehabilitation and Compensation Authority

Seafarers Act Seafarers Rehabilitation and Compensation Act 1992

SMS Seacare Management Section

SRC Act Safety, Rehabilitation and Compensation Act 1988

SWA Safe Work Australia

the Fund Seafarers Safety Net Fund

the Minister Minister for Employment formerly the Minister for Employment and Workplace Relations

the Plan Seacare 2015 Strategic Plan

the Regulations Occupational Health and Safety (Maritime Industry)(National Standards) Regulations 2003

104 INDEX

105INDEX

INDEX

106 INDEX

AAbetz, Hon Eric vi

access and equity 13

accident and incident data 39

activities report 18–27

Administrative Appeals Tribunal (AAT) 21

outcome of review 59–60

reviewable decisions by 58–60

administrative support 14

Agency Multicultural Plan 16, 25

asbestos awareness and safety 19

ASP Ship Management Pty Ltd 30, 31, 88

Australia & New Zealand Return to Work Monitor 2011–12 (RTW Monitor) 40

Australian General Shipping Register 5

Australian International Shipping Register 5

Australian Maritime Industry Compensation Agency Ltd (AMICA) 34

Australian Maritime Safety Authority (AMSA) vi, vii, 2

activity summary of OHS Inspectorate 53

CEO 2, 4, 7, 8

co-regulatory approach 18–19

OHS Inspectorate function 52–4

Australian Offshore Solutions Pty Ltd 88

Australian Work Health and Safety Strategy 2012–2022 vi, 16, 19, 28

BBest Individual Contribution to Workplace Health and Safety 31

Best Practice Claims Management Handbook 20

Best Rehabilitation and Return to Work Award 31

Best Solution to an Identified Workplace Health and Safety Issue Award 31

Best Workplace Health and Safety Management System Award 30

Best Workplace Health and Wellbeing Program Award 30

Bhagwan Marine Pty Ltd 88–9

BOSKALIS Australia Pty Ltd 99

Bremner, Peter 8, 9, 10

brochures 84

Byrne, Martin 9, 10

CCaccamo, Tony 9, 10

Campbell Research & Consulting 21

Carpentaria Management Services 89

Cerche, Sarah 11

Chairperson’s report vi–vii

claims management 20, 56–7

date of injury to assessment 57

injury occurrence to claim lodgment 56

receipt of claim to end of compensation 57

Coastal Trading (Revitalising Australian Shipping) Act 2012 5, 16

coastal trading shipping reforms 5

Coastal Tug Barge Pty Ltd 99

Index Annual Report 2012–13 Seacare

107INDEX

Comcare vii

administrative support to Seacare 14

Annual Report 2012–13 14

Cross Agency Agreement with Seacare Authority 34

legal expenditure for Seacare 12

Seafarers Safety Net Fund administration 11, 34, 35

services, provision of 11

Commonwealth Authorities and Companies Act 1997 12

Commonwealth Fraud Control Guidelines 12

Commonwealth Ombudsman requests 13

communications 29

Comparative Performance Monitoring Report (CPM Report)

data 11, 20, 39

Seacare contribution 16

Comparison of Workers’ Compensation Arrangements in Australia and New Zealand 16

Compass Group Pty Ltd 99

consultancy services 11

CPC Services (NQ) Pty Ltd 90

Ddatabase for claims data management 16, 20

Department of Education, Employment and Workplace Relations (DEEWR) 25, 28

dispute resolution 58–60

costs 21

dispute rate 60

reconsiderations by employers 58

reviewable decisions by AAT 58–60

Doleman, Mick 8, 9, 10

EEMAS Offshore Services (Australia) Pty Ltd 90

employee and ship detail reports 39

employee, definition 6

employees covered by Seacare scheme 6, 39

hours worked 41, 43

numbers 40, 43

employers 88–99

claim update report 20

compliance with OHS 52–4

exemptions granted under section 20A 22–5

extension of time for claim consideration 25

insurance arrangements 26

reconsiderations by 58

exemptions under section 20A Seafarers Act 22–5

FFarstad Shipping 30, 31

Farstad Shipping (Indian Pacific) Pty Ltd 90

fatalities vi, 6, 38, 43

Feathers, David 31

Financial Management and Accountability Act 1997 12, 25

financial statements 66–82

forms 84

fraud control 12

freedom of information 13

Freedom of Information Act 1982 13

functions of Seacare Authority

Levy Act, under 3

OHS (MI) Act, under 3

Seafarers Act, under 2

108 INDEX

GGardine Australia Pty Ltd 90

Gillespie, Roy 30, 31

glossary 102–3

Go Offshore Pty Ltd 90–1

Grech, Michelle 11

HHeads of Workers’ Compensation Authorities (HWCA) vii, 16, 22

Heads of Workplace Safety Authorities vii

health and safety representative (HSR) see HSR

Health and Safety Representative Engagement Strategy 16

Health and Safety Representative of the Year 31

Hearnden, Malcolm 8, 9, 10

HSR

accreditation of training courses 11, 19–20

HSR Training Accreditation Panel 11

Training Course Accreditation Guidelines 19

IInco Ships Pty Ltd 91

initiatives and outcomes 16

injuries incurred but not recorded (IBNR) 35

injury incidence rates vii, 6–7

age range analysis 49

analysis of injuries 48–51

bodily location analysis 50

compensated injury and disease resulting in one week or more compensation 45

compensated injury and disease resulting in 12 weeks or more compensation 45

definition of injury 47

frequency rate of injury and disease resulting in one week or more incapacity 7, 46

location on ship analysis 50

mechanism of incident analysis 51

nature of injury/disease analysis 51

occupational groupings analysis 49

progress against targets 48

Safe Work Australia 46, 47

Seacare 46, 47

10 year injury reduction targets, against 47

injury management and rehabilitation 17, 20–2

injury prevention 17

Injury Prevention Forum vii

insurance 7, 54–5

arrangements 26

costs 21

premium income 7

premium rates 55

International Group of Protection and Indemnity Associations 26

JJan De Nul (Australia) Pty Ltd 91

Judiciary Act 1903 12

key facts and statistics

Seacare scheme 6–7

KKinley, Mick 9, 10

LLarsen, Mal 9, 10

Legal Services Directions 2005 12

legal services expenditure 12

legislation

reforms vi, 5–6, 16

Lloyd, Teresa (Hatch) 9, 10

109INDEX

MMarine Navigation (Regulatory Functions) Levy Act 1991 21

Maritime Employees Training Ltd 92

Memorandum of Understanding (MoU) 18, 19

Mermaid Marine Australia Ltd 31, 92–3

Minister for Employment vi

advice to 2, 3, 4, 27

Seacare scheme review 27–8

Ministerial declarations 6, 22

Mowbray, Tony 31

Multicultural Access and Equity Policy 25

NNational Occupational Health and Safety Compliance and Enforcement Policy 18

National Occupational Health and Safety Strategy 2002-2012 vii, 46

National Return to Work Survey 2012–13 11, 16, 21–2, 40, 62, 64

Navigation Act 1912

repeal 6

Navigation Act 2012 vi

amendments 5–6

application of 5

Navigation (Consequential Amendments) Act 2012 5

Newlyn, Jamie 9, 10, 11

North Star Cruises Australia Pty Ltd 93

Ooccupational health and safety see OHS

Occupational Health and Safety (Maritime Industry) Act 1993 vi, 2, 39

application of 3, 5

licences 5

O’Connor, Paul 7, 10

Office of Asbestos Safety

Draft National Strategic Plan for Asbestos Awareness and Management 16, 19

Offshore Marine Services Pty Ltd 93–4

Offshore Petroleum and Greenhouse Gas Storage Act 2006 5

OHS vi

accreditation of HSR training courses 19–20

compliance 52–4


incidents 7

Inspectorate function 52–4

outcomes 44–51

performance 44–6

performance improvement targets 46–8

priorities 19

ratio of reported incidents to seafarers 54

regulations and codes of practice 27

services, provision of 21

OHS Inspectorate 52–4

activity summary 53

investigations 7

organisation chart

Seacare scheme 4

PP&O Maritime Services Pty Ltd 30, 31, 94

Pacific Tug (Aust) Pty Ltd 94–5

Paspaley Pearling Co. Pty Ltd 95

PB Towage (Australia) Pty Ltd 95

Peachey, Graham 8, 9, 10

performance overview of Seacare scheme 38

Perkins Shipping Pty Ltd 95

Port of Brisbane Pty Ltd 95

Portfolio Budget Statement (PBS) for Seacare function 14

110 INDEX

prescribed ship

definition 6

Privacy Act 1988 13

Programmed Total Marine Services 31

protection and indemnity association (P&I Club) 26

PTTEP Australasia Pty Ltd 95

public accountability 11–13

publications 84–5

Rrehabilitation and return to work (RTW) 21–2

benchmarks 22, 62

Best Rehabilitation and Return to Work Award 31

claims data 61–2

experience and perceptions of injured workers 64

key performance indicators 62

National Return to Work Survey data 11, 16, 21–2, 40, 62, 64

nature of duties on 61–2

outcomes 61

performance 61–4

Seacare RTW compared to national performance 63

Seacare trend data 63

reporting requirements 14

review of Seacare scheme 27–8

SSafe Work Australia (SWA) 18, 21, 35, 39, 40

Awards vii, 31

Comparison of Workers’ Compensation Arrangements in Australia and New Zealand 16

injury incidence rate 46, 47

Safety, Rehabilitation and Compensation Act 1988 2, 28

Samson Marine Pty Ltd 95–6

Seacare Authority

access and equity 13

activities report 18–27

administrative support 14

advice to Minister 27

Agency Multicultural Plan 16, 25

Chairperson vi–vii, 27

Commonwealth Ombudsman requests 13

communications 29

consultancy services 11


Cross Agency Agreement with Comcare 34

database for claims data management 16, 20

declarations 6

delegation of statutory functions 22

deputy members 9

enquiries and correspondence 13

fraud control 12

freedom of information 13

functions 2–3

information, provision of 13

injury incidence rate 45, 47

injury prevention forum vii

injury target 46

legal services expenditure 12

major initiatives and outcomes 16

meeting attendance 9, 10

members 7–8

membership changes 9

newsletter 13, 29

performance of statutory functions under delegation 22

Privacy Act matters 13

public accountability 11–13

publications 84–5

reporting requirements 14

requests for information 13

111INDEX

review of Seacare scheme 27–8

social justice 12

strategic objectives 17–18

website 13, 22, 29

workers’ compensation claims 7

working groups 11

Seacare Authority/AMSA OHS Plan 2013–2018 vi, 16, 19

Seacare Awards and Conference vii, 16, 30–1

theme 30

Seacare Management Section (SMS) vii, 14

Seacare News 13, 29, 84

Seacare Notices 29, 84

Seacare Online 26, 29

Seacare scheme 2

accepted compensation claims by sector 44

asbestos 19

claim payments 56

claims management 20, 56–7

Comparative Performance Monitoring Report (CPM Report) data 11, 20, 39

compensation claims relative to previous years 42–4

coverage 5–6

dispute resolution see dispute resolution

employee and ship details 39

extension of time for consideration of compensation claims 25

insurance costs 21

insurance premiums 54–5

jurisdictional coverage 27

key facts and statistics 6–7

legislative amendments vi, 5–6, 16

OHS outcomes 44–51

OHS Regulation Policy vi, 18, 19

organisation chart 4

performance overview 38

performance reporting 26, 40

performance reports methodology 40–1

review vi, 6, 16, 27–8

Seacare aggregated claims data 42

stakeholders vi

sustainability 18

workers’ compensation data collection see workers’ compensation data collection

Seacare Scheme Occupational Health and Safety Regulation Policy vi, 18–19

Seacare 2015 Strategic Plan 17–18, 30

seafarer

coverage under Occupational Health and Safety (Maritime Industry) Act 1993 6

definition 6

‘fit for sea duty’ requirements 21

Seafarers’ Forum vii, 16

Seafarers Rehabilitation and Compensation Act 1992 2

administration of vi

amendments 5

application of 21

employer operations under 26

exemptions under section 20A 22–5

extension of time for claim consideration 25

insurance arrangements 26

Seacare scheme coverage 2, 5–6

Seacare scheme review 27

Seafarers Rehabilitation and Compensation Levy Act 1992 3, 34

Seafarers Rehabilitation and Compensation Levy Collection Act 1992 3, 34

Seafarers Safety Net Fund (the Fund) vii, 3

administration 3, 11, 14, 35

background and developments 34

claims 36

data 11

default events 34

financial statements 36

journey claims 38, 42

levy collection 36

operation of 34–6

112 INDEX

property only claims 38, 42

rate of levy 35

reinsurance policy 35

reserves to underwrite claims 35

‘safety net employer’ 34

target reserve level 35

waivers of levy debts 36

SeaRoad Shipping Pty Ltd 96

ships

details 39

prescribed 6

social justice 12

Social Research Company 11, 21, 62

Spirit of Tasmania 30, 31

Sterrett, David vi–vii, 7, 10

Stewart-Crompton, Robin vi, 28, 30

strategic objectives 17–18

SVITZER Offshore Pty Ltd 96

Swire Pacific Ship Management (Australia) Pty Ltd 96–7

TTaylor Fry Consulting Actuaries 11, 21, 54

Teekay Shipping (Australia) Pty Ltd 97

Tidewater Marine Australia Pty Ltd 97

Toll Shipping Pty Ltd 30, 97

Toomey, John 30

Total Marine Services Pty Ltd 97–9

Trident Shipping Services Pty Ltd 99

TT Line Pty Ltd 99

VVan Oord (Australia) Pty Ltd 99

WWellspring 11

Williams, Cameron 30

Woods, Nick 31

workers’ compensation and rehabilitation scheme see Seacare scheme

workers’ compensation data collection 20

accepted claims by sector 44

accident and incident data 39

analysis of injuries 48–51

claim update report 20

claims data relative to previous years 42–4

CPM Report data 11, 20, 39

data sources 38

duration data 56–7

employee numbers 40, 43

hours worked 41, 43

National Return to Work Survey 2012–2013 40

offshore sector 44

RTW Monitor data 40

Seacare aggregated claims data 42

Workplace Relations Ministers’ Council (WRMC) 18, 35

Wydell, John 8, 9, 10

www.seacare.gov.au

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