Marine Orders - Part 61: Safe working on board ships, Issue 1 (Order No. 20 of 1999)

Overview

The Marine Orders, Part 61, issued in 1999, was enacted under the authority of section 425(1AA) of the Navigation Act 1912, with the Australian Maritime Safety Authority responsible for its creation. This legislation aims to ensure the safety of individuals working on board ships by implementing the Code of Safe Working Practice for the Australian Seafarer, thereby addressing a significant gap in maritime occupational health and safety standards. The policy objective is to provide a comprehensive safety framework that aligns with Australian occupational health and safety practices, enhancing the overall safety of seafaring personnel. This legislative instrument was developed through consultation with an industry working group, ensuring that the draft Marine Order reflected practical insights from the maritime sector. The resulting Order, which was gazetted on 15 December 1999, includes provisions for interpretation, application, and the establishment of a safety system on ships, alongside defining the responsibilities of ship owners, Masters, and crew members. This approach ensures that the safety practices on board are both effective and compliant with the statutory requirements of the Navigation Act.

Scope and Application

The Marine Orders, Part 61, issued under the Navigation Act 1912, pertains to the safety of persons on board a ship and is designed to give effect to the Code of Safe Working Practice for the Australian Seafarer. This legislation applies to all ships to which the Navigation Act applies, ensuring that safety standards are uniformly enforced across the maritime industry. The scope of the Order extends to defining the safety system requirements that ship owners must provide, as well as the responsibilities of the ship’s Master and crew members concerning safe practices on board. The purpose of this legislation is to safeguard the welfare of seafarers by implementing specific occupational health and safety work practices tailored to the Australian maritime context. The Marine Orders, Part 61, is comprehensive in its application, covering various aspects of ship operations and crew conduct, while it also incorporates penal provisions as specified under the Navigation (Orders) Regulations. The Order’s provisions are informed by industry consultation, ensuring that the safety standards are practical and relevant.

Key Provisions

The Marine Orders, Part 61, under the Navigation Act 1912, provides detailed regulations to ensure the safety of individuals working on ships. Section 425(1) of the Act empowers the Governor-General to enact regulations necessary for its execution, while section 425(1AA) authorises the Australian Maritime Safety Authority to issue orders concerning Part II of the Act. This particular Order was issued under section 425(1AA) and was gazetted on 15 December 1999. Its purpose is to establish a code of practice that ensures the safety of persons aboard a ship, aligning with the Code of Safe Working Practice for the Australian Seafarer. These Orders impose specific obligations on ship owners, Masters, and crew members. Under Provision 5, ship owners must provide a safety system on board, including necessary equipment and procedures. The Master of the ship is responsible for ensuring that the safety system is implemented and maintained effectively. Additionally, all crew members are obligated to adhere to safe working practices as stipulated in the Code. This includes following safety instructions, using safety equipment properly, and reporting any hazards or incidents immediately. Failure to comply with these provisions can result in significant consequences. Provision 4 identifies specific provisions in the Order that carry penal provisions, meaning non-compliance can lead to legal action. The potential penalties include fines and, in severe cases, imprisonment. While the specific maximum penalties are not detailed in the explanatory notes, they would typically align with those stipulated under the Navigation Act 1912 or any relevant maritime safety regulations. These penalties serve as a deterrent to ensure adherence to the safety standards set forth in the Orders.