EXPLANATORY NOTES
Marine Orders, Part 9
(HealthMedical Fitness)
Issue 5 (Amendment)
Order No 5 of 2001
Authority
1. Section 425(1) of the Navigation Act 1912 (the Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.
2. Section 425 (1AA) of the Act allows the Australian Maritime Safety Authority to make orders with respect to matters in Parts II and IIIA of the Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 9, Issue 5 (Amendment) Order No 5 of 2001 was made pursuant to section 425(1AA).
Gazette
4. Arrangements have been made for this Issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices, Wednesday 28 February 2001.
Purpose
5. Marine Orders Part 9:
- for the purposes of the Navigation Act 1912, prescribes matters pertaining to medical fitness standards of seafarers and coastal pilots;
- gives effect to the International Labour Organization (ILO) Medical Examination (Seafarers) Convention, 1946;
- gives effect to certain provisions of the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 and subsequently (STCW95).
6. This issue of Part 9 amends Issue 4 and has been made to provide clearer standards for medical inspection of seafarers.
Consultation
7. The draft text has been circulated to industry and incorporates agreed standards.
Overview
8. This issue clarifies the provisions relating to determination of fitness following examination by an independent medical panel and the testing for enteric diseases. Eyesight standards for existing deck department staff has been amended and a hearing standard for persons with hearing aids has been deleted.
9. The Medical Statement form for the purposes of certification under STCW has been deleted. The Medical Examination Request Form, Medical Examination Questionnaire, and Medical Inspector’s Report have also been deleted. (refer Paragraph 14)
10. This issue takes account of both comments received from medical inspectors subsequent to the introduction of Issue 5 in February 2000 and a commitment to the Standing Committee on Regulations and Ordinances to clarify text.
Contents of the Order
Amendments to the provisions are as follows:
11. Provision 7 specifies requirements in respect to a Certificate of Medical Fitness and has been amended to require the Medical Inspector of Seaman to take the independent panel of medical practitioners’ recommendations into account when making a final decision about a seaman’s fitness.
12. All references to the issue of a certificate for purposes of the STCW Convention have been deleted from Provision 7.
13. Appendix 2 has been amended to eliminate both the requirement for a hearing standard for persons with hearing aids and the requirement for faecal testing for catering staff.
14. The forms recommended to be used in conjunction with a medical examination for issue of a Certificate of Medical Fitness (Medical Examination Request Form, Medical Examination Questionnaire, Medical Inspector’s Report) have been deleted from Appendix 2. The forms have been modified and will be distributed to Medical Inspectors of seamen separate to this Marine Order.
15. Minor formatting changes have also been made to Appendix 2.
16. Appendix 3 (Form of Certificate of Medical Fitness, previously at Appendix 4) has been amended.
17. The Medical Statement form for the purposes of certification under STCW has been deleted (previously at Appendix 4).
Australian Maritime Safety Authority
February 2001