Explanatory Statement
Marine Order 506 (Approval of training organisations — national law) 2013 (Order 2013/11)
Authority
- Subsection 159(1) of the of the Marine Safety (Domestic Commercial Vessel) National Law (the national law) set out in Schedule 1 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the national law.
- Paragraph 160(1)(b) of the national law provides that the regulations may prescribe matters relating to the approval of training organisations.
- Subsection 163(1) of the national law allows the National Regulator to make Marine Orders for any matter in the Act for which provision may be made by regulations, with some specified exceptions.
- This Order was made under subsection 163(1) of the national law and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
5. This Order provides for the approval of organisations as training organisations.
Overview
6. The national law is a key part of the national system for commercial vessel safety. When applied in all Australian jurisdictions (see section 2 of the national law) it will replace existing State and Territory laws, and parts of Commonwealth law, with a single law for the safety of all domestic commercial vessels and their crew in Australian waters. The national law is supported by Marine Orders made under the national law by the National Regulator.
7. The Australian Maritime Safety Authority is the National Marine Safety Regulator (referred to as the National Regulator — see section 9 of the national law).
8. The Marine Order provides that a person may apply for an approval of an organisation as a training organisation or for a variation of such an approval. It also provides that the National Regulator is the relevant decision maker concerning approvals and is required to maintain an approved training organisation database. The Marine Order further provides for: the form of the relevant application, the criteria that must be met to be approved as a training organisation; the conditions applying to approvals; the term of the approval; and the criteria for suspension or revocation.
9. The effect of the Order is only ancillary to the national law and does not affect the policy background of the national law. For these reasons, and based on the information available, no further analysis in the form of a Regulation Impact Statement is required (OBPR reference number 14031).
Consultation
10. The instrument was developed in consultation with the Maritime Agencies Forum, representing the marine safety authorities of each State and the Northern Territory, and the Department of Transport and Infrastructure. It was advertised for public comment and posted for comment on the national law website. Comments from the public and from marine safety authorities were considered and the draft instrument was developed taking these into account.
Documents incorporated by reference
11. The following marine order referenced in the Order is available from http://www.comlaw.gov.au:
- Marine Order 501 (Administration — national law) 2013
12. The following document referenced in the Order is available from http://www.tlisc.com.au/training-packages/maritime-training:
- Maritime Training Package published by the Transport and Logistics Industry Skills Council.
Commencement
13. The Order commenced on 1 July 2013.
Contents of this instrument
14. Section 1 sets out the name of the Order.
15. Section 2 provides for commencement of the Order.
16. Section 3 states the purpose of the Order, which is to provide for the approval of training organisations.
17. Section 4 sets out the provisions of the national law that provide the powers for the Order to be made.
18. Section 5 provides a definition for terms used in the Order. It also contains notes referring to terms defined elsewhere.
19. Section 6 provides that an application under the Order must be made in accordance with Marine Order 501 (Administration — national law) 2013.
20. Section 7 sets out the power of the National Regulator to approve an organisation as a training organisation, or suspend, vary or revoke the approval.
21. Section 8 requires the National Regulator to maintain the approved training organisation database.
22. Section 9 sets out the requirements for an application under the Order.
23. Section 10 sets out the criteria that must be met for an organisation to be approved as a training organisation.
24. Section 11 sets out the conditions that apply to approval of a training organisation.
25. Section 12 specifies the term of an approval.
26. Section 13 sets out the criteria for suspension or revocation of an approval of an organisation as a training organisation.
Statement of compatibility with human rights
27. This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Purpose and effect
28. This instrument provides for approval of training organisations for qualifications required for operation of domestic commercial vessels.
29. The instrument is made under the Marine Safety (Domestic Commercial Vessel) National Law and sets out requirements for the application for, issue by the National Regulator, and conditions that apply to the approval of training organisations.
Possible effect on human rights
30. This instrument engages the right to work protected by Article 6 of the International Covenant on Economic, Social and Cultural Rights because it sets up the process for the approval of training organisations. However, that approval is subject to the requirement to remain registered with the Australian Skills Quality Authority, an organisation which approves standards for the training sector. The aim is to ensure that the training carried out by these organisations makes a positive contribution to the acquisition of skills for seafarers, which in turn contributes to safety at sea. To the extent that this instrument limits the right to work, those limitations are reasonable, necessary and proportionate.
31. The maintenance of high quality training organisations also contributes to the ability of individuals to obtain work through acquisition of skills and training. In this way the instrument advances the protection of the right to work.
Assessment
32. 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
33. 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.