Seacare Authority Code of Practice Approval 2017

Overview

The Seacare Authority Code of Practice Approval 2017 relates to the Seacare Authority Code of Practice 1/2000, which was approved under the Occupational Health and Safety (Maritime Industry) Act 1993. The Act was introduced to address the need for practical guidance on occupational health and safety standards in the maritime industry, ensuring that operators could comply with their duties under the Act. The Seacare Authority Code of Practice provides a benchmark for managing health and safety risks on vessels, and its provisions can be used as evidence in legal proceedings. The Code was initially approved by the Minister for Employment, Workplace Relations and Small Business on 10 May 2000 and is set to sunset on 1 April 2017. It has been remade for a two-year period to allow for a review by a working group formed by the Seacare Authority, which includes representatives from the Australian Maritime Safety Authority and industry stakeholders. The approval of the Code is a legislative instrument for the purposes of the Legislation Act 2003, and it has been determined that a Regulation Impact Statement was not required. The Statement of Compatibility with Human Rights confirms that the Code is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The enactment of the Occupational Health and Safety (Maritime Industry) Act 1993 by the Australian Parliament aimed to establish comprehensive occupational health and safety standards within the maritime industry. This legislation was introduced to address the specific occupational health and safety challenges faced by the maritime sector, providing a legal framework for ensuring the safety and well-being of seafarers. The Act empowers the Minister to approve codes of practice, such as the Seacare Authority Code of Practice, which serve as practical guidance for industry operators. The admissibility of these codes in legal proceedings reinforces their significance in upholding occupational health and safety standards. The current approval of the Code under the Act reflects a commitment to maintaining and updating industry standards to align with evolving safety requirements and practices.

Scope and Application

The Seacare Authority Code of Practice Approval 2017, which amends the Seacare Authority Code of Practice 1/2000, applies to the maritime industry in Australia, providing practical guidance to operators in meeting occupational health and safety standards on vessels. Approved under the Occupational Health and Safety (Maritime Industry) Act 1993, the Code serves as admissible evidence in proceedings related to offences under the Act, and failure to comply with its provisions is treated as a contravention unless the accused can demonstrate compliance with the Act by other means. The Code's applicability extends to all entities and persons involved in the maritime industry, including vessel operators, employers, and employees. The Act does not specify any exclusions, exemptions, or thresholds, and its geographic reach is national, encompassing all maritime operations within Australia. The current Code, which has been in place since 2000, is being remade for a two-year period to incorporate updates reflecting developments in work health and safety. The legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of the Seacare Authority Code of Practice Approval 2017 (the Code) are sections 109 and 110 of the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act). Section 109 allows the Minister to approve codes of practice, while section 110 makes these approved codes admissible in evidence in any proceedings for an offence under the OHS(MI) Act. The Code provides guidance to ensure that occupational health and safety standards are met on vessels and outlines ways to manage hazards and control health and safety risks at work on vessels. It serves as a practical tool to assist operators in complying with their duties and obligations under the OHS(MI) Act. The obligations imposed by the Act on the parties or entities it governs are primarily focused on adherence to the Code's provisions. Operators are expected to follow the guidance provided in the Code to meet occupational health and safety standards. The Code is intended to establish a benchmark against which compliance with the OHS(MI) Act can be assessed. However, it is important to note that while the Code offers practical guidance, operators are not strictly bound to it; they can choose alternative methods to comply with the Act, provided they meet the required standards. In terms of potential offences, penalties, or consequences for breach, failure to comply with the Code's provisions is treated as a contravention of the OHS(MI) Act, unless the accused can demonstrate compliance with the Act by other means. This means that non-compliance with the Code can be used as evidence of a breach of occupational health and safety duties under the Act. The exact penalties for such breaches are not specified within the explanatory statement but would typically be determined under the provisions of the OHS(MI) Act, which may include fines or other sanctions as prescribed by law. The Code was first approved on 10 May 2000 and was set to sunset on 1 April 2017. However, it has been remade for a two-year period to facilitate a review by a working group formed by the Seacare Authority. This review aims to incorporate any developments in work health and safety into the guidance provided by the Code. The legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, and no human rights issues are raised by its provisions.