New amendments to WA Worker Compensation Regulations regarding fishing crew arrangements were introduced in June 2026, which may impact crew payment arrangements as ‘share fishers.’
The changes are outlined in the latest “Coverage of fishing crew fact sheet” which was recently published by WorkCover.
This article provides information of the most recent regulatory update to the WA Workers Compensation system specifically as it relates to the engagement of ‘Share Fishers’.
Prior to 30 June 2026, vessel owners/employers/skippers who engaged their crew as “Share Fishers” under the terms of their Sharefishing Agreement (SFA) would qualify for exemption under Regulation 17 and, as a consequence, will have arranged a Crew Personal Accident Insurance policy.
The latest changes, which came into effect on 30 June 2026, state that “any person engaged as part of a fishing crew that is defined as a worker in the Act will now be covered in the WA Workers compensation scheme. This now extends to include ‘share fishers’ who were previously exempt under Regulation 17.
The regulatory amendment will affect fishing crew covered under Share Fishing Agreements or paid by results, such as a percentage of the catch or vessel earnings.
These fishing crew workers will no longer be expressly excluded from coverage in the WA workers compensation scheme.
These changes to Regulation 17 effectively mean the ‘share fisher’ exemption is no longer operative, and all crew defined as workers under the Act will now have to be covered under the WA Workers Compensation Scheme
Any employer engaging fishing crew workers will therefore be required to maintain a WA workers compensation insurance policy with a licensed insurer from 30 june 2026.
To the extent you do not currently maintain Workers Compensation Insurance or would need to update your Provisional Wage Estimate, please make contact with your insurance broker, accountant or legal advisor, so they can assist in the placement of a new policy, or update your existing arrangements.
For those vessel owners/employers/skippers who engage their crew under either:
- A Limited Partnership or Joint Venture Agreement, or
- Employment contracts where they make PAYG deductions
The changes to Regulation 17, will have no impact.
As the insurance arrangements for fishers are made on an individual basis, WAFIC assumes no responsibility or liability for any errors or omissions in the content of this information. The information is not and is not intended to be legal or other professional advice and cannot be relied upon as such. The information is provided on an “as is” and “as available” basis with no guarantee of completeness or accuracy.’