Navigation (Health) Regulations

Legislation au C1935L00013 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1935. No. 13.

 

REGULATIONS UNDER THE NAVIGATION ACT 1912-1934.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1934.

Dated this twenty-seventh day of February, 19 .

(Sgd.) ISAAC A. ISAACS.

Governor-General.

By His Excellency’s Command,

For the Minister of State for Commerce.

 

Navigation (Health) Regulations.

Short title.

1. These Regulations may be cited as the Navigation (Health) Regulations.

Medical examination of seamen—Fees, ss. 123 & 132.

2.—(1.) Subject to these Regulations, the fee to be paid by an applicant for the medical examination of a seaman or apprentice shall be—

(a) (i) at a port at which a Medical Inspector of Seamen in the Public Service of the Commonwealth is stationed, and where the place at which the examination is to be made is within a radius of 2 miles from the chief Post Office at the port—for each seaman or apprentice examined, Five shillings.

(ii) at a port at which a Medical Inspector of Seamen in the Public Service of the Commonwealth is not stationed, and where the place at which the examination is to be made is within a radius of 2 miles from the chief Post Office at the port—for each seaman or apprentice examined, Ten shillings.

(b) where in any case the place at which an examination is to be made is outside a radius of 2 miles from the chief Post Office at the port—an additional charge of Two shillings for each mile or portion of a mile that the place of examination is beyond that radius.

(2.) Where the services of a Medical Inspector of Seamen are required outside ordinary official hours, or on any Sunday or holiday, the applicant therefor shall pay, in addition to the fee prescribed in the preceding sub-regulation, an overtime charge as follows:—

 

£

s.

d.

On any Customs working day, before 10 a.m. or after 4 p.m..............

0

10

6

On any Sunday or holiday...................................

1

1

0

* Notified in the Commonwealth Gazette on     , 1935.

6007.—6/22.1. 1935. —Price 3d.


3. The Minister may authorize remission of the fees specified in these Regulations where, in his opinion, special circumstances warrant the remission.

Report of fitness for duty at sea.

4. The report to be given by a Medical Inspector of Seamen in pursuance of section 123 (2) of the Navigation Act 1912-1934 shall be in accordance with Form H.—1 in the Schedule to these Regulations.

Certificate of recovery of seamen from illness or injury.

5. Certificates as to recovery of seamen from illness, hurt, or injury given in pursuance of section 132 of the Navigation Act 1912-1934 shall be in accordance with Form H.—2 in the Schedule to these Regulations.

Anti-scorbutics, s. 124.

6.—(1.) The master of every foreign-going ship registered in Australia or trading from an Australian port as head-quarters shall serve out to each member of the crew, so soon as the ship has been at sea for ten days, and during the remainder of the voyage, a supply of an anti-scorbutic in accordance with this regulation:

Provided that the supply may be temporarily discontinued during any period when the ship is in port and the crew are there being supplied with fresh provisions.

(2.) The anti-scorbutic to be supplied under this regulation shall be lime or lemon juice, as prepared and bottled in bond under the supervision of the Board of Trade of the United Kingdom or, as regards lime and lemon juice prepared in Australia, of a quality approved by the Director of Navigation.

(3.) The anti-scorbutic shall be served out daily at the rate of one fluid ounce to each member of the crew, mixed with sugar and water in the proportion of one ounce of sugar and not less than half-a-pint nor more than a pint of water to each ounce of anti-scorbutic.

(4.) The sugar provided with the anti-scorbutic shall be white sugar of good quality and shall be in addition to the sugar required to be provided under the scale of provisions set out in the agreement with the crew.

(5.) The issue of anti-scorbutic shall be made at such time before the dinner hour as will enable the crew to drink it during the meal.

Certain ships to carry medical man, s. 133 (1).

7. The owner or master of every—

(a) foreign-going ship, or

(b) Australian-trade ship on a voyage between consecutive ports of call which exceeds 650 nautical miles,

having one hundred persons or upwards on board, shall cause to be carried, as part of the complement of the ship, a duly qualified medical practitioner.

Certain ships to carry person qualified to render first aid, s. 133 (2).

8.—(1.) The owner or master of every—

(a) foreign-going ship, or

(b) Australian-trade ship on a voyage between consecutive ports of call which exceeds 650 nautical miles,

having more than ten and less than one hundred persons on board, and not carrying a duly qualified medical practitioner as part of her complement, shall cause to be carried, as part of the complement of the ship, a person certified by a Medical Inspector or by an approved authority as qualified to render “first aid.”


(2.) For the purposes of this regulation the following shall be deemed to be approved authorities, namely:—

(a) St. John’s Ambulance Association,

(b) St. Andrew’s Ambulance Association,

(c) St. Patrick’s Ambulance Association,

(d) British Red Cross Society,

(e) London County Council,

(f) Glamorgan County Council,

(g) Leith Technical College,

(h) Any other body approved in writing by the Director of Navigation, and

(i) A Medical Officer of one of His Majesty’s ships.

9. The Navigation (Health) Regulations (Statutory Rules 1923, Repeal. No. 6), as amended by Statutory Rules 1929, No. 99 and 1932, No. 70, are hereby repealed.

 

THE SCHEDULE.

 

Form H.—1.

Commonwealth of Australia.

Navigation Act 1912-1934.

No……

REPORT OF MEDICAL INSPECTOR OF SEAMEN.

Application No........................   Date of Application……………………………………

Name of Seaman.

Age.

Rating.

Name of Ship.

Surname.

Christian Names (in full).

 

 

 

 

 

I have examined the above-named seaman in pursuance of Section 123 of the Navigation Act 1912-1934, and 1 report as follows:—

History………………………………………………………………………………………...

………………………………………………………………………………………...

Diagnosis……………………………………………………………………………………...

Cause of unfitness…………………………………………………………………………......

………………………………………………………………………….......................

………………………………………………………………………………………...

* Strike out words that do not apply.

*He is/is not in a fit state for duty at sea.

*He is/is not likely to require medical treatment on board ship/shore for a period of.......................

*He will not be fit for duty at sea for a period of..................................................................at least.

Remarks…………………………………………………………………………………………..…

………………………………………………………………………………………………………

………………………………………………………………………………………………………

…………………………………………..…

Medical Inspector of Seamen.

Date.........................................................................

To the Superintendent,

Mercantile Marine Office,

Port of.............................

Form H.—2.

Commonwealth of Australia.

Navigation Act 1912-1934.

No……

CERTIFICATE AS TO RECOVERY OF SEAMAN FROM ILLNESS, HURT OR INJURY.

Application No.............    Date of Application..............................................................

Name of Seaman.

Age.

Rating.

Name of Ship.

Surname.

Christian Names (in full).

 

 

 

 

 

*Strike out words that do not apply.

In pursuance of Section 132 of the Navigation Act 1912-1934, I certify that the abovenamed seaman* has/has not recovered from the* illness contracted/hurt or injury sustained by him in the service of the abovementioned ship or her owner.

Remarks…………………………………………………………………………………………..…

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

…………………………………………..…

Medical Inspector of Seamen.

Date.........................................................................

To the Superintendent,

Mercantile Marine Office,

Port of………….....................

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Navigation (Health) Regulations 1935, made under the authority of the Navigation Act 1912-1934, were enacted to ensure the health and safety of seamen aboard ships registered in Australia or trading from Australian ports. These regulations were intended to address the gap in health standards for seafarers, ensuring they received proper medical examinations, appropriate anti-scorbutic supplies to prevent scurvy, and medical personnel on ships to handle health emergencies. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, the policy objective of these regulations was to uphold the health standards and well-being of seamen, thereby ensuring safer maritime operations and compliance with international health standards.

Scope and Application

The Navigation (Health) Regulations 1935, enacted under the Navigation Act 1912-1934, pertain to the health and medical requirements for seafarers on foreign-going ships registered in Australia and those trading from Australian ports. These regulations are applicable to ships carrying 100 or more persons, where a qualified medical practitioner must be onboard, and to ships with between 10 and 99 persons, where a person qualified in first aid must be carried if there is no qualified medical practitioner. The regulations cover medical examinations, fees for such examinations, the provision of anti-scorbutics to crew members, and the issuance of reports and certificates relating to the fitness of seamen for duty and recovery from illness or injury. These regulations apply nationally and extend to ships registered in Australia or operating from Australian ports, irrespective of their destination. While the regulations primarily concern health provisions on ships, there are no specific exclusions or exemptions mentioned within the text of these regulations themselves, although the Minister has the authority to remit fees in special circumstances.

Key Provisions

The Navigation (Health) Regulations, made under the Navigation Act 1912-1934, outline several key provisions related to the health and medical examination of seamen and the medical requirements for ships. Section 2 specifies the fees payable for the medical examination of seamen and apprentices, which are Five shillings for each seaman or apprentice if a Medical Inspector of Seamen is stationed at the port within a 2-mile radius of the chief Post Office, and Ten shillings if there is no such inspector at the port. Additionally, an extra charge of Two shillings per mile is applied if the examination place is beyond the 2-mile radius. Overtime fees are also mentioned for examinations conducted outside regular hours or on holidays. These Regulations impose several obligations on the parties involved. For instance, under Section 6, the master of a foreign-going ship or an Australian-trade ship must ensure that each crew member receives a daily supply of anti-scorbutics, such as lime or lemon juice, to prevent scurvy. This supply should be halted only if the ship is in port and the crew is being supplied with fresh provisions. Furthermore, Section 7 requires that foreign-going ships or Australian-trade ships with 100 or more persons on board must carry a qualified medical practitioner as part of their crew, whereas Section 8 mandates that ships with between 11 and 99 persons on board must carry someone certified to render first aid if no qualified medical practitioner is present. The Regulations also outline penalties for non-compliance. Although specific penalties are not detailed in the excerpt, the failure to adhere to these health and medical requirements could result in civil or criminal consequences under the broader Navigation Act 1912-1934. This could include fines or other sanctions, given the importance of ensuring the health and safety of seafarers.

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