Commonwealth Consolidated Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 4

             (1)  In this Act, unless the contrary intention appears:

"employee" means:

                     (a)  a seafarer; or

                     (b)  a trainee; or

                     (c)  a person (other than a trainee) who, although ordinarily employed or engaged as a seafarer, is not so employed or engaged but is required under an award to attend at a Seafarers Engagement Centre for the purpose of registering availability for employment or engagement on a prescribed ship.

             (2)  For the purposes of this Act, an industry trainee or a person mentioned in paragraph (c) of the definition of employee is taken to be employed by the Fund until he or she next becomes a seafarer, and his or her employment is taken to be constituted by his or her attendance:

                     (a)  in the case of an industry trainee--at an approved industry training course; and

                     (b)  in the case of a person mentioned in paragraph (c) of the definition of employee --at a Seafarers Engagement Centre for the purpose of registering availability for employment or engagement on a prescribed ship.

             (3)  If a default event occurs in relation to the employer of a seafarer or of a company trainee, then, for the purposes of this Act, the seafarer or company trainee is taken to be employed by the Fund.

             (4)  If a provision of this Act applies to an employee after an employer has incurred a liability in relation to the employee under this Act, then, unless the contrary intention appears, a reference in that provision to an employee includes a reference to that person even after he or she ceases to be an employee.