Important changes to Vessel Monitoring Systems and Workers Compensation
On 1 July 2024, the Workers Compensation and Injury Management Act 2023 replaced the former 1981 legislation. This “new Act” was designed to simplify coverage and improve benefits for injured workers.
Under the former Act, crew members were excluded from workers’ compensation if they were paid a share of profits or gross earnings and contributed to the vessel’s operating costs ( Section 17 of the old Act ).
When the new Act came into force, section 17 was amended (now referenced as Regulation 17), so that the operation of the exclusion applied simply by reason of the crew receiving a share of the profits or gross earnings (contributions to the cost of working the vessel) was no longer a consideration.
WorkCover WA is now proposing to delete this exclusion entirely to bring the fishing industry (other than those fishing enterprises who operate under either a Limited Partnership or Joint Venture Agreement, who would not be impacted by the proposed change), in line with all other modern employment sectors in WA.
WAFIC engaged our insurance advisor to assess the implications of removing this exclusion. Their findings include:
- Removal of Coverage Gaps: Currently, there is significant legal ambiguity regarding whether an injured “share fisher” is covered by Workers’ Compensation or needs a separate Personal Accident policy. Deleting Regulation 17 removes this confusion, creating a single industry standard.
- Superior Benefits: The workers’ compensation system offers significantly higher protection and long-term security for injured crew members than most private personal accident products.
- Widespread Industry Adoption: Most modern WA fishing operators have already transitioned to workers’ compensation policies for their crew. Deleting the regulation simply formalises what is already “best practice” for the majority of the fleet.
- Minimal Cost Impact: Analysis indicates that premiums for workers’ compensation are generally comparable to private accident insurance, meaning the financial burden on vessel owners should be minimal.
Proposed Timeline
If the proposal passed the regulatory approval, the amendment would likely be implemented on 1 July 2026. This date has been specifically chosen to align with the standard insurance renewal cycle, allowing you to update your policies without administrative overlap.
We want to hear from you
Please submit your feedback to [email protected] by Tuesday 3 February 2026.