Marine Orders Part 53: Employment of Crews, Issue 1 (Order No. 2 of 1993) (Cth)
MARINE ORDERS
Part 53
Employment of Crews
Issue 1
Order No 2 of 1993
Pursuant to Section 425(1AA) of the Navigation Act 1912, I hereby make this Order issuing Marine Orders, Part 53, Issue 1 to come into operation on 1 July 1993.
P M McGrath
Chief Executive
4 June 1993
Table of Contents
Definitions
Purpose
Application
Prescribed matters
Official log-book
Certificates of service
Repatriation
Appendix 1 Forms
Appendix 2 Repatriation of Seafarers
(Revised) Convention, 1987
1 Definitions
1.1 In this Part, unless the contrary intention appears, the following definitions apply:
Authority means the Australian Maritime Safety Authority;
Convention means the Repatriation of Seafarers (Revised) Convention, 1987, adopted by the 74th (Maritime) Session of the International Labour Conference, the text of which is set out in Appendix 2;
repatriation means the conveyance of a seafarer to his or her proper return port, other than in the discharge of duties in accordance with the seafarer's agreement;
seafarer means a person serving on a ship to which Part II of the Navigation Act applies and includes a master, officer or seaman but does not include a pilot, a person who is not a member of the crew, a supernumerary, or special personnel as defined in section 283 of the Navigation Act; and
war zone means a zone agreed to be a war zone between the owner of the ship and the employee organisation representing the seafarer.
1.2 In this Part:
(a) headings and sub-headings are part of the Part;
(b) each Appendix is part of the Part;
(c) a note included in the text and printed in italics is not part of the Part.
2 Purpose
This Part:
(a) prescribes matters for the purposes of Divisions 8, 9, 10, 16, 17 and 21 of Part II of the Navigation Act;
(b) prescribes matters for the purposes of section 417 of the Navigation Act;
(c) prescribes matters for and relation to the issue of certificates as to the service at sea of seamen; and
(d) for the purposes of Division 19 of Part II of the Navigation Act, makes provision for and in relation to the relief and maintenance of distressed seamen.
3 Application
This Part applies to a ship to which Part II of the Navigation Act applies and the crew thereof.
4 Prescribed matters
4.1 Form of agreement
For the purposes of paragraph 46(2)(a) of the Navigation Act, the prescribed form is Form 1 in Appendix 1.
4.2 Minimum age
For the purposes of section 48A of the Navigation Act, the prescribed age is 16 years, except where only members of the same family are employed, or where the service is in a training ship approved by the Authority.
Note: The prescribed age set out above is the minimum age at which a person may be engaged to serve at sea. Performance of many duties on board a ship requires a person to be older. Marine Orders, Part 3 (Seagoing Qualifications) sets out these requirements.
4.3 Details of crew
4.3.1 For the purposes of subsection 52(1) of the Navigation Act, a proper authority is a prescribed person.
4.3.2 For the purposes of subsection 52(2) of the Navigation Act, the following details are prescribed:
(a) in respect of the crew of the ship—the full name and usual residential address of each seaman engaged to serve on the ship and the capacity in which each such seaman is engaged;
(b) in respect of changes in the crew of the ship—the date on which and the place at which any seaman was engaged to serve on the ship, or was discharged from the ship, because of any such change.
4.4 Certificate of discharge
For the purposes of paragraph 61(a) of the Navigation Act, the prescribed form is Form 2 in Appendix 1.
4.5 Wages
4.5.1 For the purposes of paragraph 70(3)(a) of the Navigation Act, the prescribed form is Form 3 in Appendix 1.
4.5.2 For the purposes of subsection 76(1) of the Navigation Act:
(a) the prescribed time is at least 2 hours before the seaman is to be discharged; and
(b) the prescribed form is Form 4 in Appendix 1.
4.5.3 For the purposes of paragraph 148C(1)(a) of the Navigation Act, the prescribed form is Form 5 in Appendix 1.
4.6 Deceased seamen
4.6.1 For the purposes of section 150 of the Navigation Act, the prescribed particulars with respect to the money and effects of a deceased seaman are:
(a) the amount of money; and
(b) the nature and condition of the effects.
4.6.2 For the purposes of subsection 156(3) of the Navigation Act, moneys to which subsection 156(1) applies may be invested by the Authority in any manner in which the moneys of the Authority may be invested under the Australian Maritime Safety Authority Act 1990.
5 Official log–book
5.1 Prescribed form
For the purposes of subsection 171(1) of the Navigation Act, the prescribed form is Form 6 in Appendix 1.
5.2 Entries in log-book
In addition to the entries required by the Navigation Act, and by the regulations and orders made under the Act, the Master must make, or have made, in the official log-book entries relating to the following matters:
(a) a conviction by a legal tribunal of a member of the crew, and the punishment imposed;
(b) a promotion, including the date of the promotion, the rating to which the seaman is promoted and any increase in wages consequent on that promotion;
(c) misconduct on the part of an officer;
(d) if a stowaway is discovered on board—the person's full name, age, birthplace, place of boarding, place put ashore, and any proceedings taken against the person and the result of those proceedings;
(e) the events specified in section 268 of the Navigation Act; and
(f) any matter required to be entered in the official log-book under an agreed code of conduct applying to the ship.
Note: The Master has a discretion to make entries in the official log-book about matters other than those required by the Navigation Act, regulations and orders.
5.3 Signatures to entries in log-book
5.3.1 An entry in the official log-book must be signed at the time of entry by the master and by an officer or another member of the crew.
5.3.2 If the ship carries a qualified medical practitioner as part of its crew, an entry in the official log-book relating to a death, injury or illness must also be signed at the time the entry is made by the medical practitioner.
5.3.3 An entry in the official log-book relating to the effects of a deceased seaman must be signed, at the time the entry is made, by a third person who must be a member of the crew other than an officer.
5.3.4 An entry in the official log-book relating to a birth must also be signed, as soon as practical after the entry is made, by the father or mother of the child and, if another person was present at the birth of the child, by that person.
5.4 Entries relating to births, deaths etc.
For the purposes of paragraph 417(1)(d) of the Navigation Act, the prescribed form is Form 7 in Appendix 1.
6 Certificates of service
6.1 Application
6.1.1 A person who has served at sea may apply to the Authority for the issue of a certificate of service.
6.1.2 An application for a certificate of service must be accompanied by the appropriate fee as determined under section 47 of the Australian Maritime Safety Authority Act 1990.
Note: A list of current fees may be obtained from any office of the Authority.
6.2 Issue
If the Authority receives an application in accordance with 6.1, it is to issue a certificate in accordance with Form 8 in Appendix 1.
7 Repatriation
7.1 Entitlement to repatriation
A seafarer is entitled to repatriation by appropriate and expeditious means:
(a) in circumstances provided for in the Navigation Act;
(b) in circumstances provided for in the award or other agreed conditions of service covering the seafarer's employment;
(c) in the event of the owner of the ship not being able to continue his or her legal or contractual obligations as an employer of the seafarer by reason of bankruptcy, sale of the ship, change of registration or any other similar reason; and
(d) in the event that the ship is bound for a war zone to which the seafarer does not consent to go.
Note: A seafarer who, having been informed that the ship is bound for a war zone, does not claim entitlement to repatriation at the earliest practical opportunity, will be considered as having consented to go.
7.2 Responsibility for repatriation
7.2.1 The responsibility for arranging and meeting the cost of repatriation lies with:
(a) in the case of circumstances in 7.1(a), the person on whom responsibility is placed by the Navigation Act;
(b) in the case of circumstances in 7.1(b), the person on whom responsibility is placed by the award or other agreed conditions of service;
(c) in the case of circumstances in 7.1(c), the owner of the ship at the time of the transfer or, if that person fails to arrange for repatriation, the owner of the ship at the time the repatriation takes place; and
(d) in the case of circumstances in 7.1(d), the owner of the ship.
7.2.2 In 7.2.1, the cost of repatriation includes the cost of maintenance during the period the seafarer is entitled to repatriation and, if specific provision for such maintenance is not made in the Navigation Act or the award or other agreed conditions of service, is to be no less than that provided for in the Convention.
7.2.3 If repatriation has taken place as a result of a seafarer being found to be in serious default of his or her employment obligations under the Navigation Act, the award or other agreed conditions of service covering the seafarer's employment, nothing in this Part affects any right of recovery from the seafarer of all or part of the costs of repatriation in accordance with the award or other agreed conditions of service.
7.2.4 A shipowner may not require a seafarer to make an advance payment towards the cost of repatriation at the beginning of his or her employment, nor may a shipowner recover the costs of repatriation from the seafarer's wages or other entitlements except as provided for in 7.2.3.
7.3 Distressed seamen
7.3.1 If a person:
(a) is a seafarer who is entitled under 7.1 to be repatriated but for whom repatriation has not been arranged within a reasonable time by the person responsible under 7.2; or
(b) is a seafarer, is not entitled under 7.1 to be repatriated, and is in distress at a place outside Australia by reason of having been discharged or left behind from, or having been shipwrecked in, a ship,
the person may apply to a proper authority to be repatriated.
7.3.2 An application under 7.3.1 must be in writing and contain the following information:
(a) full name;
(b) home address;
(c) nationality;
(d) details of any identity documents held;
(e) details of any certificates held;
(f) name and owner of last ship; and
(g) circumstances in which the seafarer became entitled to repatriation, or was discharged, left behind or shipwrecked.
7.3.3 If, after making such inquiries as are considered necessary to verify the bona fides of the application, the proper authority is of the opinion that the seafarer meets 7.3.1, the proper authority is to arrange repatriation.
7.3.4 The costs of repatriation of a seafarer under 7.3.3 are to be met initially by the Authority and are recoverable as a debt due to the Authority:
(a) in the case of a seafarer repatriated by virtue of 7.3.1(a), jointly and severally from:
(i) the owner of the ship from which the seafarer was discharged, left behind or shipwrecked;
(ii) the master of the ship from which the seafarer was discharged, left behind or shipwrecked; and
(iii) the person, whether principal or agent, who engaged the seafarer for service on the ship from which the seafarer was discharged, left behind or shipwrecked;
(b) in the case of a seafarer repatriated by virtue of 7.3.1(b), the seafarer.
7.3.5 A seafarer who is to be repatriated is entitled to obtain his or her passport and other identity documents for the purposes of repatriation.
Appendix 1
FORM 1—THE AGREEMENT
Voyage (or voyages) to be undertaken _________________________________________
Description of Ship
Name of ship _________________________________________
Home port/port of registry * _________________________________________
Full name and address of owner/operator * _________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Terms of agreement
Period the agreement is to be in force _________________________________________
(Set out briefly the rights and obligations of the parties)
Particulars of Seafarer
Full name and personal identification number _________________________________________
Residential address _________________________________________
_________________________________________
Date and place of birth _________________________________________
Capacity in which engaged _________________________________________
Date and place seafarer is to join ship _________________________________________
Amount/rate of wages * _________________________________________
Proper return port _________________________________________
Name and address of person to contact _________________________________________
in case of emergency _________________________________________
_________________________________________
Signed at ____________________________ on____________________________ , 19 _______
______________________________________ _________________________________
(Master) (Seafarer)
* Omit if not applicable
FORM 2—DISCHARGE
Name of ship _________________________________________
Full name and personal identification _________________________________________
number of seafarer
Date and place of birth of seafarer _________________________________________
Capacity in which seafarer engaged _________________________________________
Date and place of engagement _________________________________________
Date and place of discharge _________________________________________
Dates and places seafarer became and _________________________________________
ceased to be a member of the crew _________________________________________
_________________________________________
_________________________________________
_________________________________________
Dated ___________________________ , 19_____
_________________________________________
(Master)
FORM 3—SEAFARER'S ALLOTMENT NOTE
| Name of Ship | Official No. | Home port | Description of voyage |
Name of Seafarer _________________________________________________________________
Rating _________________________________________________________________
1. Particulars of Payee
Name _____________________________________________________
Address _____________________________________________________
_____________________________________________________
_____________________________________________________
Relationship to Seafarer _____________________________________________________
[or]
1. Name of Bank
Branch to which payment is to be made _______________________________________
2. Amount of each allotment _______________________________________
3. Date of first payment _______________________________________
4. Period between subsequent payments _______________________________________
I, the abovenamed seafarer, hereby make the above stipulations for the allotment and payment of portion of my wages as a seafarer.
Dated this ___________________________ day of _________________________ , 19__________
_____________________________________
(Signature of Seafarer)
I will pay that portion of the seafarer's wage specified above in accordance with the stipulations set out above.
Dated this ___________________________ day of _________________________ , 19__________
_____________________________________
(Signature of Master)
FORM 4—ACCOUNT OF WAGES
Name of Ship ______________________________________________________
Name of Seafarer ______________________________________________________
Reference No. in agreement ______________________________________________________
Rating ______________________________________________________
Statement of earnings
Wages
Date wages began _________________________
Date wages ceased _________________________
_____ weeks week ________
_____ months at $ per month
_____ days at $ per day ________ ________
_____ weeks week ________ ________
_____ months at $ per month
_____ days at $ per day ________ ________
Other earnings ________
Total earnings ________
Statement of deductions $
Allotments ________
Payments
Date
Port
Tax deductionAmount of
payment
Total ($)Total deductions ________
Reconciliation $
Total earnings ________
Total deductions ________
Balance ________
Tax payable on balance ________
Amount payable on discharge ________
The above statement is a correct account of earnings and deductions of the above-named seafarer.
Date ________________________
________________________________ ____________________________________
(Signature of Master) (Signature of Seafarer)
FORM 5—ACCOUNT OF WAGES OF SEAFARER LEFT ON SHORE
Name of Ship ______________________________________________________
Name of Seafarer ______________________________________________________
Reference No. in agreement ______________________________________________________
Rating ______________________________________________________
Statement of earnings
Wages
Date wages began _________________________
Date wages ceased _________________________
_____ weeks week ________
_____ months at $ per month
_____ days at $ per day ________ ________
_____ weeks week ________ ________
_____ months at $ per month
_____ days at $ per day ________ ________
Other earnings ________
Total earnings ________
Statement of deductions $
Allotments ________
Payments
| Date | Port | Tax deduction | Amount of payment | Total ($) |
Total deductions ________
Reconciliation $
Total earnings ________
Total deductions ________
Balance ________
Tax payable on balance ________
Balance due to Seafarer ________
Dated this __________________________ day of ______________________________ , 19 ______
___________________________________
(Signature of Master)
FORM 6—OFFICIAL LOG–BOOK
This log was delivered to me this __________________ day of ____________________ , 19 ____
______________________________________
(Signature of Proper Authority)
Port of ____________________
PART I—DESCRIPTION OF SHIP
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| Registered Tonnage | Name of Master | |||||
| Commencement of agreement | Termination of agreement | ||||||||
| Place | Date | Description of voyage | Place | Date | |||||
PART II—POSITIONS OF DECK LINES AND LOAD LINES
| Freeboard from deck line | Load line |
| Tropical .....mm (inches)(T) | ......mm (inches) above (S) |
| Summer .....mm (inches)(S) | Upper edge of line through centre of ring |
| Winter .....mm (inches)(W) | ......mm (inches) below (S) |
| Winter North Atlantic .....mm (inches)(WNA) | ......mm (inches) below (S) |
| Timber tropical .....mm (inches)(LT) | ......mm (inches) above (LS) |
| Timber summer .....mm (inches)(LS) | ......mm (inches) above (S) |
| Timber winter .....mm (inches)(LW) | ......mm (inches) below (LS) |
| Timber winter North Atlantic .....mm (inches)(LWNA) | ......mm (inches) below (LS) |
Allowance for fresh water for all freeboards other than timber .........mm (inches). For timber freeboards ........mm (inches).
The upper edge of the deck line from which these freeboards are measured is .....mm (inches).........deck at side.
Maximum draught of water in summer .......decimetres (.....feet......inches)
_________________________________ __________________
(Signature of Master) (Date of entry)
PART VIII—RECORD OF INSPECTIONS OF CREW ACCOMMODATION
| Particulars of person making the inspection | |||||||
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| Particulars of cases where accommodation does not comply with Marine Orders, Part 14 |
|
FORM 7—REPORT OF THE MASTER OF AN OCCURRENCE
REFERRED TO IN SECTION 417
In accordance with sub-section 417(1) of the Navigation Act 1912, I hereby furnish, as a report on an occurrence to which that sub-section applies, a copy of the entry made in the official log-book with respect to the occurrence.
Dated this ___________________________day of_____________________________, 19 ____
________________________________________
(Signature of Master)
________________________________________
(Name of Ship)
To the Proper Authority
at the Port of ____________________________
FORM 8—CERTIFICATE OF SEAFARER'S SERVICE AT SEA
I certify that ___________________________________ (whose year of birth is approximately 19 __ ) appears from official records to have served in the ships specified in the following table in the capacities, and during the periods, so specified.
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| Capacity in which seafarer served |
|
|
|
Dated this __________________________ day of______________________________, 19 ____
__________________________________ _____________________________________
(Signature of Superintendent) (Specimen signature of seafarer)
Appendix 2
Repatriation of Seafarers (Revised) Convention, 1987
Article 1
1. This Convention applies to every seagoing ship whether publicly or privately owned which is registered in the territory of any Member for which the Convention is in force and which is ordinarily engaged in commercial maritime navigation and to the owners and seafarers of such ships.
2. To the extent it deems practicable, after consultation with the representative organisations of fishing vessel owners and fishermen, the competent authority shall apply the provisions of this Convention to commercial maritime fishing.
3. In the event of doubt as to whether or not any ships are to be regarded as engaged in commercial maritime navigation or commercial maritime fishing for the purposes of this Convention, the question shall be determined by the competent authority after consultation with the organisations of shipowners, seafarers and fishermen concerned.
4. For the purposes of this Convention the term "seafarer" means any person who is employed in any capacity on board a seagoing ship to which this Convention applies.
Article 2
1. A seafarer shall be entitled to repatriation in the following circumstances:
(a) if an engagement for a specific period or for a specific voyage expires abroad;
(b) upon the expiry of the period of notice given in accordance with the provisions of the articles of agreement or the seafarer's contract of employment;
(c) in the event of illness or injury or other medical condition which requires his or her repatriation when found medically fit for travel;
(d) in the event of shipwreck;
(e) in the event of the shipowner not being able to continue to fulfil his or her legal or contractual obligations as an employer of the seafarer by reason of bankruptcy, sale of ship, change of ship's registration or any other similar reason;
(f) in the event of a ship being bound for a war zone, as defined by national laws or regulations or collective agreements, to which the seafarer does not consent to go;
(g) in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employment for any other similar reason.
2. National laws or regulations or collective agreements shall prescribe the maximum duration of service periods on board following which a seafarer is entitled to repatriation; such periods shall be less than 12 months. In determining the maximum periods, account shall be taken of factors affecting the seafarers' working environment. Each member shall seek, wherever possible, to reduce these periods in the light of technological changes and developments and may be guided by any recommendations made on the matter by the Joint Maritime Commission.
Article 3
1. Each member for which this Convention is in force shall prescribe by national laws or regulations the destinations to which seafarers may be repatriated.
2. The destinations so prescribed shall include the place at which the seafarer agreed to enter into the engagement, the place stipulated by collective agreement, the seafarer's country of residence or such other place as may be mutually agreed at the time of the engagement. The seafarer shall have the right to choose from among the prescribed destinations the place to which he or she is to be repatriated.
Article 4
1. It shall be the responsibility of the shipowner to arrange for repatriation by appropriate and expeditious means. The normal mode of transport shall be by air.
2. The cost of repatriation shall be borne by the shipowner.
3. Where repatriation has taken place as a result of a seafarer being found, in accordance with national laws or regulations or collective agreements, to be in serious default of his or her employment obligations, nothing in this Convention shall prejudice the right of recovery from the seafarer of repatriation costs or part thereof in accordance with national laws or regulations or collective agreements.
4. The cost to be borne by the shipowner shall include:
(a) passage to the destination selected for repatriation in accordance with Article 3 above;
(b) accommodation and food from the moment the seafarer leaves the ship until he or she reaches the repatriation destination;
(c) pay and allowances from the moment he or she leaves the ship until he or she reaches the repatriation destination, if provided for by national laws or regulations or collective agreements;
(d) transportation of 30kg of the seafarer's personal luggage to the repatriation destination;
(e) medical treatment when necessary until the seafarer is medically fit to travel to the repatriation destination.
5. The shipowner shall not require the seafarer to make an advance payment towards the cost of repatriation at the beginning of his or her employment, nor shall the shipowner recover the cost of repatriation from the seafarer's wages or other entitlements except as provided for in paragraph 3 above.
6. National laws or regulations shall not prejudice any right of the shipowner to recover the cost of repatriation of seafarers not employed by the shipowner from their employer.
Article 5
If a shipowner fails to make arrangements for or to meet the cost of repatriation of a seafarer who is entitled to be repatriated:
(a) the competent authority of the Member in whose territory the ship is registered shall arrange for and meet the cost of the repatriation of the seafarer concerned; if it fails to do so, the State from which the seafarer is to be repatriated or the State of which he or she is a national may arrange for his or her repatriation and recover the cost from the Member in whose territory the ship is registered;
(b) costs incurred in repatriating the seafarer shall be recoverable from the shipowner by the Member in whose territory the ship is registered;
(c) the expenses of repatriation shall in no case be a charge upon the seafarer, except as provided for in paragraph 3 of Article 4 above.
Article 6
Seafarers who are to be repatriated shall be able to obtain their passport and other identity documents for the purpose of repatriation.
Article 7
Time spent awaiting repatriation and repatriation travel time shall not be deducted from paid leave accrued to the seafarer.
Article 8
A seafarer shall be deemed to have been duly repatriated when he or she is landed at a destination prescribed pursuant to Article 3 above, or when the seafarer does not claim his or her entitlement to repatriation within a reasonable period of time to be defined by national laws or regulations or collective agreements.
Article 9
The provisions of this Convention in so far as they are not otherwise made effective by means of collective agreements or in such other manner as may be appropriate under national conditions shall be given effect by national laws or regulations.
Article 10
Each Member shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, as well as their replacement on board.
Article 11
The competent authority of each Member shall ensure by means of adequate supervision that the owners of ships registered in its territory comply with the provisions of the Convention, and shall provide relevant information to the International Labour Office.
Article 12
The text of this Convention shall be available in an appropriate language to the crew members of every ship which is registered in the territory of any Member for which it is in force.
Article 13
This Convention revises the Repatriation of Seamen Convention, 1926.
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