EXPLANATORY NOTES
Marine Orders Part 9
Health – Medical Fitness
Issue 6
Order No 1 of 2010
Purpose
- Marine Orders Part 9, for the purposes of the Navigation Act 1912 (the Navigation Act):
- 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).
Power
2. Section 186C of the Navigation Act provides for regulations to specify conditions, including conditions as to health, to be satisfied by a person in order to be a licensed pilot under the Navigation Act.
3. Subsection 425(1) of the Navigation Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
4. Subsection 425 (1AA) of the Navigation Act allows the Australian Maritime Safety Authority to make orders with respect to any matter in the Navigation Act for or in relation to which provision may be made by regulations.
5. Marine Orders Part 9, Issue 6 was made pursuant to subsection 425(1AA).
Consultation
6. A copy of the draft of Part 9, Issue 6, was circulated to relevant AMSA managers, current Medical Inspectors of Seamen, Seafarer’s Union, Australian Shipowners Association and State Marine Authorities. All comments were considered. A copy of the draft was also placed on the AMSA web site for public comment.
Overview
7. Marine Orders Part 9 makes provision for and in relation to the medical fitness standards for seafarers and licensed pilots.
8. Appendix 2 of Marine Orders Part 9, Issue 5 contained the Guidelines for the medical examination of seafarers and coastal pilots (the Guidelines). The Guidelines have been removed in Issue 6.
9. The Guidelines are now available on the AMSA website at www.amsa.gov.au. The Guidelines are available independently of this Part to promote currency in contemporary medical practice.
10. The Form of Certificate of Medical Fitness in Appendix 3 of Issue 5 has been removed. Appendix 2 of Issue 6 no longer provides for a set form. Instead it now lists the type of information to be contained in a certificate of medical fitness.
11. Marine Orders Part 54, Coastal Pilotage, was amended to facilitate the introduction of a compulsory pilotage system in the Torres Strait under Part IIIA of the Navigation Act. Issue 6 of Part 9 amends Issue 5 of Part 9 to make clear that requirements concerning medical fitness apply to those licensed pilots performing duties under Part IIIA of the Navigation Act, as well as licensed pilots performing duties under Part VIIA of the Great Barrier Reef Marine Park Act 1975.
12. The opportunity has also been taken to update the Order in line with current drafting practices by updating definitions and formatting.
Contents of the Order
13. Provision 1 indicates the purpose of this Marine Order, and the power to make the Order, pursuant to the Navigation Act.
14. Provision 2 provides a definition of words and phrases used in the Marine Order.
15. Provision 3 provides an interpretation of words and phrases necessary for a proper understanding of this Marine Order.
16. Provision 4 specifies the persons to which this Part applies.
17. Provision 5 provides for an internal review by the Deputy CEO of a decision made by the Manager under this Part. The provision also provides for a review by the Administrative Appeals Tribunal of the Deputy CEO’s decision and for a statement of reasons to be provided by the Deputy CEO to an applicant regarding his or her decision.
18. Provision 6 provides that a person must be medically fit to perform the duties of a seafarer or coastal pilot. Provisions 6.1, 6.2 and 6.3 are penal provisions.
19. Provision 7 requires a person to provide evidence of medical fitness for the performance of duties as a seafarer or coastal pilot.
20. Provision 7.2 provides that a person is medically fit if that person has a valid Certificate of Medical Fitness or a certificate issued by a qualified medical practitioner in accordance with Appendix 1 and there is no evidence of a change in medical condition that would make that person unfit for the duties to be performed.
21. Provision 8 provides for the eligibility requirements to obtain a Certificate of Medical Fitness. These include a satisfactory medical examination and determination of fitness by a qualified medical inspector of seamen.
22. Provision 8.5 allows for further examination if a person has been declared unfit for proposed duties at sea.
23. Provision 8.6 states that a Certificate of Medical Fitness is valid for a period of 2 years from the date of issue. Where a person is less than 18 years of age or is aged 55 and over a Certificate of Medical Fitness is valid for a period of 1 year from the date of issue only.
24. Provision 8.7 allows the Manager to cancel a Certificate of Medical Fitness on the advice of a Medical Inspector of Seamen where a person is, through illness, injury or any other cause, no longer fit for duty.
25. Provision 8.8 requires a holder of a valid Certificate of Medical Fitness to produce such a Certificate on demand by the owner or master of a ship on which the person serves or intends to serve, except with reasonable excuse. The holder must also produce the Certificate of Medical Fitness upon the request of a surveyor. This is a penal provision.
26. Provision 8.9 requires a person whose Certificate of Medical Fitness is cancelled to deliver it to the Manager on demand. This is a penal provision.
27. Provision 9 requires a person who utilises an aid to vision or hearing when on duty on a ship to carry a spare aid to vision or hearing available. This is a penal provision.
28. Provision 10 provides for the recognition of medical certificates issued overseas in certain circumstances.
29. Appendix 1 contains further requirements as to the issue, operation, validation and cancellation of a Certificate of Medical Fitness.
30. Appendix 2 contains the information to be contained in a Certificate of Medical Fitness.
Documents incorporated by reference in the Order
- International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended*;
- Medical Examination (Seafarer’s Convention) 1946*; and
- Guidelines for the medical examination of seafarers and coastal pilots.**
*The above publications may be purchased from:
International Maritime Organization (IMO)
Albert Embankment, London SE1 7SR
Phone +44-20 7735 7611
Fax +44 – 20 7587 3210
http://www.imo.org
A list of distributors who maintain permanent stock of all IMO publications can be found on the IMO website above.
**The Guidelines for the medical examination of seafarers and coastal pilots is available on the AMSA website at: www.amsa.gov.au.
Australian Maritime Safety Authority
January 2010