Teekay Shipping (Australia) Pty Ltd and Australian Maritime Safety Authority

The Administrative Appeals Tribunal considered a dispute between Teekay Shipping (Australia) Pty Ltd and the Australian Maritime Safety Authority concerning the minimum safe manning determination for the emergency towing vessel, Coral Knight. The core of the disagreement revolved around the number of engineers required to be on board the vessel while it was in operation, specifically whether two engineers were sufficient or if a third was necessary.

The Tribunal was tasked with determining the appropriate minimum number of engineers required for the safe operation of the Coral Knight, taking into account its function as an emergency towing vessel. This involved assessing the risks associated with reducing the engineering complement from three to two, including the potential impact on engineer fatigue and the ability to manage rest hours. The Tribunal also had to consider the principles of minimum safe manning as outlined in international maritime law, specifically the need to ensure the safety and security of the ship, crew, passengers, cargo, and the marine environment, while also ensuring that seafarers are not required to work excessive hours.

In its reasoning, the Tribunal acknowledged that safe manning is a function of the number of qualified seafarers necessary for the safety of the vessel and its operations. It noted that the Coral Knight's role as an emergency towing vessel could necessitate "all hands on deck" operations at any time, and that the duration and nature of such emergencies could vary significantly. The Tribunal also considered the applicant's proposal for managing rest hours by suspending them and providing compensatory rest, but found that the risk assessments indicated that the increased risk of fatigue to the remaining two engineers could not be overcome. Despite this, the Tribunal concluded that the requirement for an Engineer Watchkeeper to be on board while the vessel was operating should be deleted from the minimum safe manning determination.

Consequently, the Tribunal set aside the reviewable decision made on 6 February 2020 and remitted the matter to the Australian Maritime Safety Authority for reconsideration in accordance with the Tribunal's reasons.