Federal Register of Legislation - Australian Government

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AMSA MO 2013/4 Orders/Marine as made
This order prescribes matters necessary to give effect to obligations under the International Labour Organization’s Maritime Labour Convention 2006. This order also combines subject matter formerly in Marine Orders Part 10 (Medical first aid on ships), Part 11 (Substandard Ships), Part 14 (Accommodation) and Part 53 (Employment of Crews).
Administered by: Infrastructure and Regional Development
General Comments: Schedule 13 amends this order with effect from 21/08/2013.
Registered 24 May 2013
Tabling HistoryDate
Tabled HR27-May-2013
Tabled Senate17-Jun-2013
Date of repeal 01 May 2015
Repealed by Marine Order 11 (Living and working conditions on vessels) 2015

Explanatory Statement

Marine Order 11 (Living and working conditions on vessels) 2013

(Order 2013/4)

Authority

 

1.      Subsection 54(5) of the Navigation Act 2012 (Navigation Act) provides for regulations to be made prescribing matters relating to work agreements for regulated Australian vessels.

2.      Subsection 61(1) of the Navigation Act provides for regulations to be made for the provision of food and drinking water on board vessels.

3.      Subsection 65(1) of the Navigation Act provides for regulations to be made for the health of seafarers.

4.      Subsection 74(1) of the Navigation Act provides for regulations to be made for accommodation to be provided for seafarers on vessels.

5.      Section 112 of the Navigation Act provides for regulations to be made for the carriage of passengers and for cargo operations.

6.      Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or necessary or convenient, for carrying out or giving effect to the Navigation Act.

7.      Paragraph 339(3)(c) of the Navigation Act provides for regulations to provide that agreements in force immediately before the repeal of the Navigation Act 1912 comply with regulations made for subsection 54(5) of the Navigation Act.

8.      Subsection 342(1) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders (known as Marine Orders) for any matter for which provision must or may be made by the regulations.

9.      As at the time of making this Order the Navigation Act had not commenced, subsection 4(2) of the Acts Interpretation Act 1901 was also relied on as authorising AMSA to make this Order.

10.  This Order is a legislative instrument for the Legislative Instruments Act 2003.

Purpose and overview

11.  This Order prescribes matters necessary to give effect to obligations under the International Labour Organization’s Maritime Labour Convention 2006 that Australia ratified on 21 December 2011. The Maritime Labour Convention will come into force for Australia on 20 August 2013.

12.  This Order also combines subject matter formerly in Marine Orders Part 10 (Medical first aid on ships), Part 11 (Substandard Ships), Marine Order Part 14 (Accommodation) and Marine Orders Part 53 (Employment of Crews). These Orders in the main give effect to, or reflect standards in, the International Labour Organization Conventions concerning seafarer health and wellbeing which have now been consolidated into the Maritime Labour Convention. These Orders will cease to have effect on the commencement of the Navigation Act.

Consultation

13.  A copy of the draft of this Order was circulated to over 350 stakeholders including industry organisations and interested government agencies. A list of these stakeholders may be obtained on request from AMSA. A copy of the draft was also placed on the AMSA website for public comment. Comments were received from 6 industry stakeholders, 5 industry representative bodies and 3 government entities. The issues raised by these bodies were taken into account in the drafting of this Order.

14.  The Office of Best Practice Regulation (OBPR) was also consulted, and considered that the changes were minor and machinery in nature and no Regulation Impact Statement was required. The OBPR reference number is ID 14585.

Documents incorporated by reference

15.  The following Marine Orders and other Commonwealth Acts referenced in this Order are available from http://comlaw.gov.au:

·         Marine Order 1 (Administration) 2011

·         Marine Order 3 (Seafarer qualifications) 2004

·         Marine Order 9 (Health – medical fitness) 2009

·         Marine Orders 14 (Accommodation) 1990

·         Marine Order 15 (Construction – fire protection, fire detection and fire extinction) 2009

·         Marine Order 28 (Operations standards and procedures) 2008

·         Marine Order 50 (Special Purpose Ships) 2012.

16.  The Maritime Labour Convention is available from the Australian Treaty Series Library on the AustLII website at http://www.austlii.edu.au or http://www.ilo.org.

17.  The following documents referenced in this Order are available from http://www.ilo.org, http://www.who.int or http://www.iso.org.

·         Ambient factors in the workplace, Code of Practice published by the International Labour Organization

·         Accident prevention on board ship and in port, Code of Practice published by the International Labour Organization

·         Guidelines for drinking water quality (2011) (4th edition) published by World Health Organization

·         International Medical Guide for Ships published by World Health Organization

·         ISO standard 7547/2002 Ships and marine technology — Air-conditioning and ventilation of accommodation spaces — Design conditions and basis of calculations  published by the International Standards Organization.

18.  The following documents referenced in this Order are available from http://www.amsa.gov.au, with the IMO document mentioned also accessible by email at international.relations@amsa.gov.au:

·         Medical Carriage requirements, published by the AMSA

·         IMO resolution A.468(XII) Code of noise levels on board ships

·         National Standard for Commercial Vessels.

Commencement

19.  This Order, other than Schedule 13, commences on 1 July 2013. Schedule 13 commences on 21 August 2013.

Contents of this instrument

20.  Section 1 sets out the name of the Order.

21.  Section 2 provides for the commencement of the Order.

22.  Section 3 sets out the purpose of the Order.

23.  Section 4 sets out the powers in the Navigation Act that enable the Order to be made.

24.  Section 5 sets out the definitions in the Order.

25.  Section 6 provides when a vessel is taken to be constructed.

26.  Section 7 states the vessels to which the Order applies.

27.  Section 8 provides the powers of exemption and equivalents that may be exercised by the Manager, Ship Inspection and Registration.

28.  Section 9 provides certain decisions under the Order are reviewable.

29.  Section 10 provides that a vessel to which the section applies must carry a maritime labour certificate after 20 August 2013.

30.  Section 11 states that a person may apply for a maritime labour certificate in accordance with Marine Order 1 (Administration) 2011.

31.  Section 12 sets out the circumstances when an issuing body may issue a maritime labour certificate.

32.  Section 13 sets out the duration of a maritime labour certificate.

33.  Section 14 sets out the criteria for revocation of a maritime labour certificate.

34.  Section 15 sets out the timing for an intermediate inspection of a vessel when an interim maritime labour certificate or maritime labour certificate has been issued.

35.  Section 16 imposes specified record keeping requirements on the owner of a vessel.

36.  Section 17 provides that a person may apply for the renewal of a maritime labour certificate.

37.  Section 18 states that a person may apply for an interim maritime labour certificate in accordance with Marine Order 1 (Administration) 2011.

38.  Section 19 sets out the circumstances when an issuing body may issue an interim maritime labour certificate.

39.  Section 20 sets out the duration of an interim maritime labour certificate.

40.  Sections 21 to 41 will be added on 21 August 2013 by Schedule 13.

41.  Section 42 prohibits the employment of persons under the age of 16 years. Breach of this obligation may result in a criminal or civil penalty under this Order. Section 42 also requires the owner of a vessel to meet the working conditions in Schedule 1 (Working conditions for seafarers under the age of 18 years).

42.  Section 43 sets out the minimum hours of rest for a seafarer.

43.  Section 44 provides for the posting of shipboard working arrangements.

44.  Section 45 sets out the vessel owner’s record keeping obligations in relation to hours or work and rest.

45.  Section 46 sets out record keeping requirements in relation to the official log book for matters specified in Schedule 2 (Working conditions for seafarers under 18 years).

46.  Section 47 specifies matters concerning seafarers’ work agreements for subsections 54(1) and (2) of the Navigation Act including the information mentioned in Schedule 3 (Seafarer’s work agreement information).

47.  Section 48 concerns the transitional arrangements for articles of agreement made under the Navigation Act 1912.

48.  Section 49 imposes a requirement on the owner of a vessel to a give a seafarer the opportunity to seek advice and other assistance prior to signing a work agreement.

49.  Section 50 imposes an obligation on the owner of a vessel to provide access to specified persons of a copy of a work agreement. Breach of this obligation may result in a criminal or civil penalty under this Order.

50.  Section 51 sets out the notice requirements for termination of a work agreement.

51.  Section 52 requires that the owner of a vessel provide to a seafarer a record of service in the approved form.

52.  Section 53 sets out: the maximum timeframe for payment of wages: provision of records of payment; and payment method. Breach of the obligations may result in a criminal or civil penalty under this Order.

53.  Section 54 imposes requirements concerning the organisation and equipment of the catering department on board a vessel.

54.  Section 55 sets out the minimum requirements concerning the training of persons processing food. It also provides that the owner of a vessel may seek an exemption under this Order in specified circumstances.

55.  Section 56 provides that a vessel must have a galley that is constructed in accordance with Schedule 4 (Galleys) and equipped as specified.

56.  Section 57 provides for dry provisions to be carried on board in accordance with Schedule 5 (Dry provision stores) and imposes an obligation on the owner of a vessel concerning cold storage. Breach of the cold storage obligations may result in criminal or civil penalty under this Order.

57.  Section 58 requires the owner of a vessel to put in place specified measures concerning health protection, medical and dental care for seafarers.

58.  Section 59 sets out the requirement for a seafarer’s access to a medical practitioner and dentist.

59.  Section 60 provides that medical care and health protection services must be provided at no charge.

60.  Section 61 states the requirements for exchange of medical information concerning an ill or injured seafarer.

61.  Section 62 requires the owner of a vessel to have a competent and qualified person on board to treat a diseased or injured person.

62.  Section 63 specifies matters for sections 66(1) and 67(1) of the Navigation Act concerning medical supplies and information required to be carried on board the vessel. A criminal or civil penalty may result under this Order if there is a breach of the obligation to: carry antidotes and personal protective devices when dangerous goods are carried; properly maintain and inspect medical chest and equipment; or replace expired medical supplies.

63.  Section 64 prescribes the distance for paragraphs 72(1)(b) and (2)(b) and 73(1)(b) and (2)(b) of the Navigation Act concerning the carriage of a medically qualified practitioner. It also prescribes the medical training for first aid attendants.

64.  Section 65 sets out the onshore medical facilities to which a seafarer must have access.

65.  Section 66 requires the owner of the vessel to keep on board a register of drugs and other related information. Breach of these obligations may result in criminal or civil penalties under this Order.

66.  Section 67 requires specified vessel plans to be approved prior to a vessel being registered under the Shipping Registration Act 1981.

67.  Section 68 requires vessel plans to be approved prior to substantial alteration or reconstruction of seafarer accommodation.

68.  Section 69 states the vessels to which section 70 and Division 10 applies.

69.  Section 70 specifies headroom requirements in seafarer accommodation.

70.  Section 71 specifies requirements concerning the location of sleeping rooms for non-passenger vessels.

71.  Section 72 specifies requirements concerning the location of sleeping rooms for passenger vessels.

72.  Section 73 requires the owner of a vessel to comply with the requirements specified in Schedule 6 (Sleeping rooms ) concerning sleeping rooms.

73.  Section 74 requires the owner of a vessel to comply with the requirements in Schedule 7 (Sleeping berths) and for clean, good quality bedding to be provided.

74.  Section 75 requires insulation in the specified areas.

75.  Section 76 sets out requirements concerning the location and insulation of piping.

76.  Section 77 imposes requirements concerning the storage and management of batteries.

77.  Section 78 specifies matters concerning material for the surface of bulkhead and deckhead.

78.  Section 79 sets out requirements concerning decks and flooring.

79.  Section 80 sets out requirements concerning lighting and drainage.

80.  Section 81 sets out that air-conditioning must be provided in specified areas and that air-conditioning systems must meet specified performance standards.

81.  Section 82 requires heating systems to meet the requirements of Schedule 8 (Heating) and a power source to be available at all times.

82.  Section 83 imposes requirements concerning lighting in accommodation spaces.

83.  Section 84 specifies floor space requirements for sleeping rooms of non-officers.

84.  Section 85 specifies floor space requirements for officer rooms.

85.  Section 86 requires mess rooms to meet the requirements of Schedule 9 (Mess rooms), with an exemption process available for matters specified in Schedule 10 (Recreational facilities).

86.  Section 87 sets out requirements concerning noise and other ambient factors.

87.  Section 88 requires recreational facilities to comply with Schedule 10 (Recreational facilities) and to be reviewed frequently by the owner of a vessel to ascertain whether they meet the needs of seafarers.

88.  Section 89 sets out requirements concerning mail service.

89.  Section 90 sets out matters concerning visitors of seafarers.

90.  Section 91 requires the provision of office facilities for use by deck and engine officers.

91.  Section 92 states that sanitary facilities must meet the requirements of Schedule 11 (Minimum standards for sanitary facilities).

92.  Section 93 imposes an obligation to provide laundry facilities.

93.  Section 94 imposes the provision of hospital accommodation in the specified circumstances meeting the requirements of Schedule 12 (Hospital accommodation).

94.  Section 95 sets out the circumstances when an owner of a vessel must provide repatriation at no cost to the seafarer.

95.  Section 96 specifies requirements concerning financial security.

96.  Section 97 sets out the nature of the costs that the owner of a vessel must meet when repatriating a seafarer.

97.  Section 98 sets out the liability of the owner of a vessel for a seafarer’s wages when incapacitated for work.

98.  Section 99 sets out the period of liability for wages and the circumstances when liability of the owner of a vessel is avoided.

99.  Section 100 sets out the timeframe within which a seafarer may claim repatriation benefits.

100.          Section 101 requires the owner of a vessel to be responsible for appropriate transport arrangements for repatriation.

101.          Section 102 states the measures an owner of a vessel must take concerning a seafarer’s property.

102.          Section 103 states that AMSA will arrange for repatriation in specified circumstances. It also provides that AMSA may detain a vessel until an owner of a vessel reimburses those costs to AMSA.

103.          Section 104 requires the owner of regulated Australian vessel to carry a copy of this Order on board the vessel.

Schedules

104.          Schedule 1 deals with working conditions for seafarers under 18 years and is mentioned in subsection 42(3).

105.          Schedule 2 deals with matters that must be entered in the official log book and is mentioned in section 46(1).

106.          Schedule 3 deals with the information that must be contained in seafarer work agreements and is mentioned in subsection 47(1).

107.          Schedule 4 deals with requirements for galleys and is mentioned in subsection 56(2).

108.          Schedule 5 deals with the requirements for dry provision stores and is mentioned in subsection 57(2).

109.          Schedule 6 deals with requirements for sleeping rooms and is mentioned in subsection 73(1).

110.          Schedule 7 deals with the requirements for sleeping berths and is mentioned in subsection 74(1).

111.          Schedule 8 deals with heating requirements for seafarer accommodation and is mentioned in subsection 82(1),

112.          Schedule 9 deals with mess room requirements and is mentioned in subsection 86(1).

113.          Schedule 10 deals with recreational facility inclusions and is mentioned  in subsection 88(1).

114.          Schedule 11 deals with minimum standards for sanitary facilities and is mentioned in section 92.

115.          Schedule 12 deals with requirements for hospital accommodation and is mentioned in paragraph 94(c).

116.          Schedule 13 sets out amendments to this Order commencing on the day mentioned in subsection 2(2).

Compatibility with human rights

117.          This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

Purpose

118.          This Order is made under the Navigation Act which commences on 1 July 2013. The Act is a rewrite of the Navigation Act 1912 and continues to give effect to Australia’s obligations under international conventions covering such matters as safety of life at sea, training and certification of seafarers, and collision and pollution prevention. A new function for the Navigation Act is to implement the Maritime Labour Convention 2006 which Australia has ratified and comes into force on 20 August 2013.

119.           This Order prescribes matters necessary to give effect to Australia’s obligations under the Maritime Labour Convention.

Possible effect on human rights

120.          The Maritime Labour Convention consolidates a number of pre-existing ILO Conventions intended to promote and protect the fundamental rights and freedoms of seafarers who work and live at sea. The Preamble of the Maritime Labour Convention states that “given the global nature of the shipping industry, seafarers need special protection”.

121.          Australia had already implemented into its domestic law the requirements of a number of these consolidated ILO Conventions previously ratified. The intention behind many other consolidated ILO Conventions concerning the protection of seafarers, not ratified by Australia, had also been reflected in the Navigation Act regime as well as other domestic legislation. Consequently, Australia’s legislation already substantially complies with the requirements of the Maritime Labour Convention.

122.          Neither the Navigation Bill 2012 nor the Navigation (Consequential Amendments) Bill 2012 that implements the Maritime Labour Convention identified any impact on the applicable rights and freedoms in giving effect to this Convention.

123.          The Maritime Labour Convention recognises that seafarers need protection due to their unique working and living conditions in an isolated environment. The subject matter of this Order, necessary to give effect to the Convention, is consistent with the objectives of the applicable human rights and freedoms, in particular:

·         the right to work, the right to an adequate standard of living, and the right to health (See Articles 6,7, 11 and 12 of the International Covenant on Economic, Social and Cultural Rights)

·         freedom of movement and freedom of expression (See Articles 12 and 19 of the International Covenant on Civil and Political Rights)

·         minimum age for employment (See Article 32 of the Convention on the Rights of the Child).

124.          The subject matter of this Order promoting the health and wellbeing of seafarers includes:

·         recruitment and placement

·         content of work agreements and payment of wages

·         hours of work and rest

·         appropriate provisioning of vessels

·         minimum working age of 16 years and requirements for working conditions for seafarers under the age of 18 years

·         medical care and treatment including hospital facilities on vessels

·         minimum accommodation standards including sanitary and laundry facilities

·         repatriation obligations for vessel owners

·         seafarer complaints and their investigation

·         access to welfare agencies.

Assessment

125.          This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Making the instrument

126.          This instrument has been made by the Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Safety Authority Act 1990.