Navigation (Health) Regulations 1935 (Amendment)

Overview

The Statutory Rules of 1936, No. 42, is a legislative instrument made under the Navigation Act 1912-1935. Enacted by the Governor-General, the regulation was intended to amend the Navigation (Health) Regulations by adjusting the circumstances under which seafarers may be left ashore due to illness or injury. The regulation was issued with the advice of the Federal Executive Council and came into effect on 1 April 1936. The purpose of this amendment is to clarify the conditions under which a seafarer might be left on shore, replacing the previous criteria with a more specific condition that the seafarer was left ashore "by reason of which he was left on shore at..." This change aims to provide clearer guidelines for the health provisions in maritime operations, ensuring that seafarers receive appropriate care and that ship owners comply with health regulations. The regulation was promulgated by the Governor-General in accordance with the authority granted under the Navigation Act 1912-1935, reflecting the policy objective to maintain high standards of health and safety for maritime workers. The amendment was designed to address a gap in the existing regulations by providing a more precise criterion for determining when a seafarer should be left ashore due to illness or injury, thereby enhancing the clarity and effectiveness of the health provisions within the maritime sector.

Scope and Application

This statutory regulation pertains to amendments made to the Navigation (Health) Regulations under the Navigation Act 1912-1935. The regulation applies to individuals who have suffered illness, injury, or hurt as a result of being left on shore from a ship, thereby altering the scope of the previous regulation which covered illnesses and injuries sustained in the service of the ship or its owner. The amendment specifically modifies the conditions under which a person may be compensated for such health-related issues, now focusing on circumstances where they are left on shore. The regulation's geographic and jurisdictional reach extends to the Commonwealth of Australia, ensuring that the amended health provisions apply uniformly across the nation. The regulation does not explicitly mention any exclusions, exemptions, or thresholds but operates within the framework of the overarching Navigation Act and its associated regulations. The application and enforcement of this regulation may be further detailed or extended through subordinate instruments issued under the authority of the Act.

Key Provisions

The Regulation under the Navigation Act 1912-1935, specifically amending the Navigation (Health) Regulations, introduces changes to the Form H.-2 within the Schedule of the Regulations (Schedule, Form H.-2). The amendment alters the language used in the form concerning the circumstances under which a seafarer might be left on shore. Instead of stating that the seafarer was left on shore due to illness or injury contracted or sustained in the service of the ship or its owner, the new wording specifies that the seafarer must be left on shore due to illness or injury that resulted in their being left on shore from the ship (Schedule, Form H.-2). Under this Regulation, the primary obligation imposed on parties and entities governed by it is the accurate completion and submission of the revised Form H.-2. This form is critical for documenting the reasons a seafarer is left on shore, ensuring that it aligns with the specific circumstances outlined in the amended Regulation. The entities primarily affected include ship owners, operators, and medical professionals involved in the health assessment and documentation of seafarers. They are required to use the updated wording on the form to reflect the correct reason for a seafarer’s disembarkation (Schedule, Form H.-2). Failure to comply with the amended Regulation could lead to various consequences. Although the specific offences, penalties, or consequences for non-compliance are not detailed within the text provided, it is reasonable to infer that breaches of maritime health regulations could result in civil or criminal penalties under the broader Navigation Act 1912-1935. Typically, such breaches could attract fines or other sanctions, as is common with regulations designed to protect public health and safety at sea. The exact penalties would depend on the specific provisions of the Navigation Act and any additional regulations or guidelines issued under its authority.