Document ID: chunk:federal_register_of_legislation:F2023L00938:clause:1_5
Version: federal_register_of_legislation:F2023L00938
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 1139–2530

5  Directions

    I direct the Seacare Authority to amend its Exemption Guidelines to specify that:

          (a)      the integrity and ongoing viability of the Seacare scheme is a primary factor in determining all applications for exemption from the operation of the Seafarers Act under section 20A of that Act; and

          (b)      a reduction in workers' compensation entitlements for affected seafarers is a primary factor in determining not to grant an exemption under section 20A of the Seafarers Act where the Seacare Authority is satisfied that a reduction in entitlements would be a likely outcome for the employees on a particular ship; and

          (c)      where an applicant requests an exemption from the application of the Seafarers Act under section 20A on the grounds that workers' compensation insurance under the Seafarers Act is unavailable, a primary factor in determining the application is whether the Seacare Authority is reasonably satisfied that the applicant has taken all reasonable steps to obtain insurance or indemnification for the applicant's workers' compensation liability under the Seafarers Act; and

          (d)    the applicant has state or territory insurance in all jurisdictions in which it operates, is a primary factor in determining all applications for exemption from the operation of the Seafarers Act under section 20A of that Act.