Marine Orders - Part 10: Medical first aid on ships, Issue 4 (Order No. 13 of 2001)

Overview

The Marine Orders, Part 10, Issue 4, enacted in 2001, establishes regulations under the Navigation Act 1912, overseen by the Australian Maritime Safety Authority (AMSA). This legislative update was introduced to address the need for ensuring appropriate medical supplies and facilities on ships, reflecting performance-based standards rather than prescriptive regulations. The overarching objective is to enhance safety and emergency preparedness on vessels by mandating ship operators to maintain adequate medical supplies tailored to their operational risks. This approach aims to ensure that ships are better equipped to handle medical emergencies at sea, aligning with broader maritime safety objectives. The draft text was publicly available for comment on the AMSA website, and the Therapeutic Goods Authority endorsed it as comprehensive and suitable for emergency medical needs on ships.

Scope and Application

The Marine Orders, Part 10, Issue 4 applies to ship operators and crew members of ships engaged in operations within the Commonwealth of Australia. This encompasses a broad range of vessels, including commercial, recreational, and fishing boats, subject to their particular operations and risk management strategies. The provisions within this Order require ship operators to ensure that an adequate medical supply is maintained on board their vessels. This includes the availability of a Controlled Drug Register and the adherence to specific duties outlined for the ship operator, master, and crew members, with most of these duties being enforceable under penalty provisions. The scope of the Order is further detailed in the Guidance Notes on medical facilities aboard ships, which provide specific guidance on the appropriate types and quantities of medical supplies to be carried, as well as information on storage, labelling, packaging, and usage of these supplies. The Order does not explicitly state exclusions or exemptions but is applicable to all ships operating within the Commonwealth, thereby extending its reach to national waters and beyond as per the operational context of the vessels.

Key Provisions

The main operative sections of Marine Orders Part 10, Issue 4 (referred to as "the Order") focus on ensuring the availability of appropriate medical supplies on ships and providing instructions for their dispensing and use. Section 4 of the Order specifies the types of ships to which this legislation applies, while Section 5 lays down the requirements for an adequate medical supply and a Controlled Drug Register to be aboard a ship. Section 5 also outlines the duties of a ship operator, the master of the ship, and crew members in relation to this requirement. The Order is largely a penal provision, meaning it carries consequences for non-compliance. The Order imposes several obligations on the parties it governs. Firstly, ship operators must ensure that their vessels carry appropriate medical supplies in accordance with the particular operations of the vessel and its risk management strategies. Secondly, masters of the ship must ensure that the medical supplies are properly stored, labelled, packaged, and used as per the Guidance Notes on medical facilities aboard ships (Appendix). Thirdly, crew members must be familiar with the medical supplies on board and know how to use them in an emergency situation. Failing to comply with the provisions of the Order may result in civil or criminal penalties. The maximum penalties for breach of the Order are not explicitly stated, but the Order is described as a penal provision, which suggests that there are consequences for non-compliance. It is important for ship operators, masters, and crew members to be aware of their obligations under the Order and to take appropriate steps to ensure compliance to avoid any potential legal consequences.