Luke Hartsuyker (Cowper, National Party, Assistant Minister for Employment) Share this | Hansard source

I thank all members for their contributions to this debate. The Seafarers Rehabilitation and Compensation and Other Legislation Amendment Bill 2015 only seeks to deal with the Aucote decision and to provide an interim solution to protect historic claims under the Seacare Scheme, and to provide certainty for industry participants in the short term until more comprehensive reforms can be brought forward. The bill will ensure that no injured worker who has made a claim prior to the introduction of the bill, including Mr Aucote, will have his claim disturbed. At present, the court's decision means there is a risk that any workers compensation payments made under state schemes could be void and be required to be paid back.

The bill ensures the continued viability of the Commonwealth's Seacare Scheme, and restores certainty about the coverage of that scheme for all participants, including seafarers and their representatives, employers, insurers and regulators. It does this by returning the coverage of the Seacare Scheme to what it has been commonly understood to be by participants since its commencement in 1993 and dating back to 1911 under the Seamen's Compensation Act. While I recognise there is an historical disagreement regarding the coverage of the Seacare Scheme, the government is simply seeking to legislate what has been the scope of the scheme prior to the Aucote decision. This is confirmed by evidence presented to the Senate committee by Mr David Sterrett, Chairperson of the Seacare Authority, who said:

It is important to differentiate between the varying claims that have been made about the coverage of the Seacare Scheme during the life of the scheme and the way in which the scheme has operated since its inception.

Notwithstanding the various claims, the proposed bill will restore coverage to that in which the scheme has operated since its inception. There is no doubt that the introduction of the bill has provided an opportunity for various parties to once again ventilate their differing views as to what coverage they would like to see. However, the bill is only intended to counteract the effect of the recent judgement, not create a new interpretation.

The Federal Court's decision in Samson Maritime Ltd versus Aucote has resulted in a profound shift in workers' compensation and work health and safety arrangements in the Australian maritime industry. Before the Aucote decision, the Seacare Scheme was understood to apply to about 300—

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