Navigation (Health) Regulations (Amendment)

Overview

The Statutory Rules 1932, No. 70, constitute Regulations under the Navigation Act 1912-1926, enacted by the Governor-General of the Commonwealth of Australia, Isaac A. Isaacs, on the advice of the Federal Executive Council. These Regulations, effective immediately, aim to update the fees for medical examinations of seamen and apprentices in accordance with the Navigation (Health) Regulations. The problem these Regulations address is the need to adjust and clarify the fees associated with such medical examinations, ensuring they are consistent and fair, particularly in relation to the geographical location of the examination and the time it is conducted. The enacting body responsible for these Regulations is the Federal Executive Council, acting on behalf of the Australian Parliament. The policy objective of these Regulations is to provide clear guidelines and structured fee schedules for the medical examinations of seamen and apprentices, facilitating the efficient administration of health regulations within the maritime sector. This amendment ensures that the fees are proportional to the location and time of the examination, while also allowing for the possibility of fee remission in special circumstances.

Scope and Application

The Regulations under the Navigation Act 1912-1926, specifically amending the Navigation (Health) Regulations, apply to individuals seeking medical examinations as seamen or apprentices under the act. This pertains to those who need to undergo medical assessments to ensure they are fit to serve on vessels navigating Australian waters. The fees outlined in the regulations are applicable across the Commonwealth and are intended to cover the costs associated with the medical inspections, which may be conducted by Medical Inspectors of Seamen stationed at various ports. The fees vary based on the location of the examination and the time it is conducted, with additional charges for examinations outside a specified radius from the chief Post Office at the port. The Minister holds the authority to remit these fees in cases where special circumstances exist. These regulations extend across the Commonwealth, applying uniformly to all ports and medical inspectors employed by the Commonwealth Public Service, thereby ensuring a standardised approach to the health assessments of maritime personnel.

Key Provisions

The Navigation (Health) Regulations, amended under the Navigation Act 1912-1926, establish specific fees for the medical examination of seamen and apprentices. According to section 2(1), the fee for each seaman or apprentice examined is five shillings if the examination is conducted at a port with a Medical Inspector of Seamen stationed and the examination place is within two miles of the chief Post Office. If no Medical Inspector is stationed and the examination place is within the same radius, the fee increases to ten shillings. Furthermore, an additional charge of two shillings per mile or portion of a mile applies if the examination place is beyond the two-mile radius from the chief Post Office (section 2(1)(b)). If the examination is required outside ordinary official hours, on a Sunday, or a holiday, an additional overtime charge is mandated (section 2(2)). The overtime charge is six shillings and sixpence on any Customs working day before 10 a.m. or after 4 p.m., and ten shillings and threepence on any Sunday or holiday. These regulations impose specific obligations on applicants for the medical examination of seamen and apprentices. Firstly, applicants must pay the stipulated fees as outlined in the Regulations (section 2(1) and (2)). This includes the base fee based on the location of the examination, any additional charges for distance beyond the two-mile radius, and any overtime charges if the examination is scheduled outside normal hours or on a non-working day. Additionally, applicants may be subject to remission of fees if the Minister deems special circumstances warrant it (section 2(3)). Non-compliance with the fee payment requirements outlined in the Regulations can result in civil or administrative consequences. For instance, failure to pay the required fees for the medical examination could lead to the examination not being conducted, thereby potentially affecting the seaman's or apprentice's ability to meet health and safety standards required for maritime employment. Although the Regulations do not explicitly state penalties for non-payment, such failure could result in administrative actions or fines as per other related maritime or health legislation.