Overview

The Marine Orders Part 589 Health – Medical Fitness Issue 5 – Amendment, Order No 12 of 2006, was introduced to address the need for consistency in medical fitness standards across various maritime roles, particularly licensed pilots operating under different legislative frameworks. Enacted by the Australian Maritime Safety Authority in September 2006, this amendment aims to give effect to the International Labour Organization (ILO) Medical Examination (Seafarers) Convention, 1946, and the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended in 1995 (STCW95). The objective is to ensure that medical fitness requirements are uniformly applied to licensed pilots, whether they are operating under the Navigation Act 1912 or the Great Barrier Reef Marine Park Act 1975. This amendment is administrative in nature, reflecting the Authority's ongoing review of medical fitness standards, which may lead to further adjustments in the future.

Scope and Application

Marine Orders Part 589, Health – Medical Fitness Issue 5 – Amendment, Order No 12 of 2006, applies to the medical fitness standards of seafarers and coastal pilots, as well as to licensed pilots performing duties under Part IIIA of the Navigation Act 1912 and Part VIIA of the Great Barrier Reef Marine Park Act 1975. The amendment extends the coverage of Part 9 to include persons performing the duties of a licensed pilot, ensuring they meet the specified conditions, including health standards, necessary to be licensed under the Navigation Act. This amendment is made pursuant to the authority granted by the Navigation Act, specifically under subsection 425(1AA), allowing the Australian Maritime Safety Authority to make orders for matters in the Navigation Act. The amendment is effective across the Commonwealth of Australia and does not exclude any specific entities or conduct, although the scope of application is limited to those performing pilot duties under the specified Acts. No subordinate instruments extend or restrict the application of this Order.

Key Provisions

The Marine Orders Part 589 Health – Medical Fitness Issue 5 – Amendment Order No 12 of 2006 amends Marine Orders Part 9 to include licensed pilots performing duties under Part IIIA of the Navigation Act 1912. The amendment is consequential, clarifying that the medical fitness standards apply to these pilots. The amendment is significant because it aligns the medical fitness requirements for licensed pilots with those of seafarers, ensuring consistency in health standards across maritime professions. The principal change made by this amendment is the inclusion of Part IIIA of the Navigation Act 1912 in the definition of a coastal pilot, thereby extending the application of the medical fitness standards to licensed pilots operating under this part of the Act. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily concerned with ensuring that licensed pilots meet specific medical fitness standards. This includes compliance with the International Labour Organization (ILO) Medical Examination (Seafarers) Convention, 1946, and the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended in 1995 (STCW95). These international standards set out the minimum health requirements that licensed pilots must meet to perform their duties safely and effectively. The Australian Maritime Safety Authority (AMSA) is responsible for overseeing and enforcing these standards, ensuring that all licensed pilots are regularly examined and certified as medically fit to perform their duties. Failure to comply with the medical fitness standards set out in the Marine Orders Part 589 Health – Medical Fitness Issue 5 – Amendment Order No 12 of 2006 can result in civil or criminal consequences. Under the Navigation Act 1912, a person who does not meet the required medical fitness standards may be refused a license or have their license revoked. This could potentially lead to disciplinary action by AMSA or legal proceedings if the non-compliance results in unsafe maritime operations. The penalties for such offences can include fines and imprisonment, with the specific maximum penalties depending on the nature and severity of the breach. It is crucial for licensed pilots to adhere to the medical fitness standards to avoid these serious consequences.