Marine Orders - Part 9: Health- Medical Fitness, Issue 5 (Amendment) (Order No. 5 of 2001)

Overview

The Marine Orders, Part 9 (Health-Medical Fitness) Issue 5 (Amendment) Order No 5 of 2001 was enacted to provide clearer standards for the medical inspection of seafarers, aligning with international conventions and improving the medical fitness requirements for those working in the maritime industry. This legislative amendment was introduced to address the need for updated and precise medical fitness standards, particularly in response to feedback from medical inspectors and to meet commitments to the Standing Committee on Regulations and Ordinances. The Australian Maritime Safety Authority, empowered by the Navigation Act 1912, made these amendments to clarify the determination of fitness, modify eyesight standards, and remove certain requirements such as hearing tests for individuals with hearing aids and faecal testing for catering staff. This legislative change aims to ensure that seafarers meet internationally recognised health standards, thereby enhancing safety and compliance in maritime operations.

Scope and Application

The Marine Orders, Part 9 (Health – Medical Fitness) Issue 5 (Amendment) Order No 5 of 2001 applies to seafarers and coastal pilots, with the purpose of prescribing medical fitness standards as per the Navigation Act 1912 and to implement the International Labour Organization (ILO) Medical Examination (Seafarers) Convention, 1946, as well as certain provisions of the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW95). This amendment order is made under the authority granted by section 425(1AA) of the Navigation Act 1912, which allows the Australian Maritime Safety Authority to issue orders regarding matters in Parts II and IIIA of the Act. The order aims to provide clearer medical inspection standards for seafarers, taking into account feedback from medical inspectors and the commitment to the Standing Committee on Regulations and Ordinances. This legislative instrument has a national reach within the Commonwealth of Australia and affects all maritime personnel, ensuring compliance with international maritime safety standards.

Key Provisions

The Marine Orders, Part 9, Issue 5 (Amendment) Order No 5 of 2001, as made under section 425(1AA) of the Navigation Act 1912, focuses on updating and clarifying the medical fitness standards for seafarers and coastal pilots. It serves to implement the International Labour Organization (ILO) Medical Examination (Seafarers) Convention, 1946, and provisions of the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 and subsequently (STCW95). This amendment specifically aims to provide clearer standards for the medical inspection of seafarers, incorporating feedback from medical inspectors and the industry. This issue amends the previous Issue 4 by refining the standards and deleting certain forms and requirements that were previously in place. Under this Order, the Medical Inspector of Seaman must consider the recommendations from an independent panel of medical practitioners when making a final decision about a seafarer’s medical fitness, as outlined in Provision 7. This requirement ensures that the decision-making process is thorough and considers multiple perspectives, enhancing the reliability of the fitness determination. Furthermore, all references to the issue of a certificate for purposes of the STCW Convention have been removed from Provision 7. Additionally, Appendix 2 has been amended to eliminate the requirement for a hearing standard for persons with hearing aids and the requirement for faecal testing for catering staff, providing a more streamlined and practical approach to medical examinations. The Order imposes obligations on parties such as Medical Inspectors of Seaman to adhere to the updated standards and procedures outlined in the revised provisions and appendices. They must take into account the recommendations from the independent medical panel and ensure that their decisions reflect the updated standards. This includes the removal of certain forms and requirements, necessitating the use of modified forms that will be distributed separately. The goal is to ensure that medical examinations are conducted efficiently and effectively, in line with international standards. Breaching the provisions of this Order can result in civil or criminal penalties. While the specific penalties are not detailed in the Order itself, breaches of the Navigation Act 1912 can lead to significant fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional relevant legislation. It is essential for all parties to comply with the updated standards to avoid any potential legal repercussions.