EXPLANATORY STATEMENT

Issued by the authority of the

Minister for Employment and Workplace Relations

Seafarers Rehabilitation and Compensation Act 1992 

Rate per kilometre payable under paragraphs 28(6A)(b), 49(6B)(b), 50(2B)(b) and subsections 66(4B) and 83A(5)

The Seafarers Rehabilitation and Compensation Act 1992 (the Act) provides for compensation and rehabilitation for employees (seafarers etc) who are injured in the course of their employment.

Paragraphs 28(6A)(b), 49(6B)(b) and 50(2B)(b) of the Act require the employer to pay an amount in respect of the journey by private motor vehicle of an employee travelling more than 50 kilometres to obtain medical treatment or as part of the rehabilitation program in respect of his or her compensable injury.

Subsections 66(4B) and 83A(5) of the Act require the employer to pay an mount in respect of the journey by private motor vehicle of an employee travelling more than 50 kilometres to a medical examination required by the employer.

The amount of the reimbursement in each case is based upon such rate per kilometre as the Minister for Employment and Workplace Relations specifies by written notice under the above mentioned provisions.

The rate payable will be reviewed to take into account the increased cost of running a motor vehicle, using variations in relevant Consumer Price Index (CPI) components namely ‘automotive fuel’; ‘motor vehicle repair and servicing’; and ‘motor vehicle parts and accessories’, based on a weighted average of 8 capital cities.

The purpose of the notice is to set the current rate payable for the purposes of paragraphs 28(6A)(b), 49(6B)(b), 50(2B)(b) and subsections 66(4B) and 83A(5), and to provide a list of rates applicable in previous periods.  Any claims for journeys will be reimbursed at the rate that corresponds with the date of the journey. The notice consolidates a number of earlier notices made under paragraphs 28(6A)(b), 49(6B)(b), 50(2B)(b) and subsections 66(4B) and 83A(5) of the Act.

Consultation was not undertaken in relation to setting this rate because it does not change the existing or previous rates set.  An exemption from the preparation of a Regulation Impact Statement was also granted by the Office of Regulation Review on this basis. 

This Notice will take effect upon registration on the Federal Register of Legislative Instruments (FRLI).

This Notice is a legislative instrument for the purposes of the Legislative Instruments Act 2003.