reza vind manager west ship safety division · 2014-07-03 · 5.1.3 maritime labour certificate and...

Reza Vind

Manager

Ship Safety – West

Ship Safety Division

AMSA’s Vision

The new Navigation Act and National System –

The first 100 days (nearly…)

From 1 July 2013: The ‘big picture’

Since 1 July 2013

• Navigation Act 2012 replaced the Navigation Act 1912 and

Lighthouses Act 1911

• The key Parts of the Navigation Act apply to:

- Australian vessels that voyage outside the EEZ, or are certified to do so

(‘Regulated Australian Vessels’ or ‘RAVs’), and

- Foreign vessels in ‘Australian waters’.

Since 1 July 2013…

• The Marine Safety (Domestic Commercial Vessels) National

Law Act 2012 applies to operations of the ‘domestic commercial

vessel’ (‘DCV’) fleet

- A DCV is an Australian vessel ‘that is for use in connection with a

commercial, governmental or research activity’

• AMSA is the National Regulator of the National System.

The good news

• No vessels sank as a consequence of the removal of the lines in

the sea between the States

• The transitional arrangements we put in place have worked well

• Many seafarers have already ‘converted’ State/NT certificates of

competence to National Law certificates of competence.

Ongoing challenges

• Simplification of application and certification processes (work

program has been developed)

• National Law Surveyor accreditation scheme (draft regulations

have nearly been completed)

• Review and revision of the National Standard for Commercial

Vessels (work program has been developed).

Ongoing challenges

• Change of vessel status from RAV to DCV

- Certification issues

- Dangerous goods carriage

- Shipping Registration Act registration requirements (still apply…)

• Overlapping certification issues (e.g. MARPOL certificates for

DCVs).

Ongoing challenges

• DCVs that engage in voyages beyond the EEZ

• Foreign flagged vessels operating purely intra-state (particularly

manning and survey issues)

• Government vessels (now DCVs) that were excluded or exempt

from rules

• WH&S and application of OHS(MI) (the definition of ‘prescribed

ship’ is still linked to Part II of the Nav Act 1912 …).

Ongoing challenges

• Overlapping but not co-terminus incident reporting obligations and

information flows:

- TSI Act/ATSB

- National Law

- Nav Act

- OHS(MI)

- POTS

Maritime Labour Convention 2006 (MLC)

What is the MLC?

• Provides protection of the seafarers’ rights

to decent work and living conditions whilst at

sea

• A consolidation of existing labour conventions

into one document

• A level playing field for Governments and

Shipowners

• Now referred to as the fourth pillar – IMO

SOLAS, STCW, Marpol

Maritime Labour Convention

So……………… what has happened in Australia:

Australia have ratified and implemented MLC so it is in effect

Australia notes ILC resolution XVII and will apply its recommendations…..

But………………

While vessel will not be detained for the lack of MLC certification they MUST

still comply with the convention

Maritime Labour Convention

Since 20 August 2013 (until 28 May 2014) AMSA have inspected 2756 ships

for an initial PSC. This process included an MLC inspection.

594 MLC related deficiencies have been identified and 14 ships detained (one

twice)

2 in WA Ports – both for insufficient food and/or quality of food on board

So ……………. why are ships being detained?

SSD West - Number of Deficiencies issued in the period 20 August 2013 – 31 May

2014

Total SSD West

MLC Reg Title Number of

deficiencies

% of total

deficienci

es

Number of

deficienci

es

% of total deficiencies

4.3 Health and safety

protection and accident

prevention

473 45% 100 35.8%

3.1 Accommodation and

recreational facilities

194 18.5% 55 19.7%

3.2 Food and catering 193 18.5% 52 18.6%

2.3 Hours of work and hours of

rest

30 2.9% 6 2.1%

2.0 Conditions of Employment

(General)

30 2.9% 4 1.4%

2.2 Wages 27 2.6%

1.4 Recruitment and placement 19 1.8%

2.1 Seafarers’ Employment

Agreement

18 1.7% 1 <1%

4.0 Health protection, medical

care, welfare and social

security protection

(General)

13 1.2% 53 19%

5.1.3 Maritime labour certificate

and declaration of maritime

labour compliance

12 1.1% 5 1.8%

3.0 Accommodation,

recreational facilities, food

and catering (General)

11 1%

5.1.5 On-board complaint

procedures

6 <1%

4.1 Medical care on board ship

and ashore

6 < 1% 1 <1%

1.0 Minimum requirements for

seafarers to work on a ship

(General)

4 < 1% 1 <1%

1.2 Medical Certificate 1 < 1%

1.3 Training and qualifications 1 < 1% 1 <1%

Total 1038 279

Number of MLC deficiencies by Port (SSD-West Region)

Count of deficiency

visit_port Total

Albany, WA 1

Barrow Island, WA 1

Broome, WA 2

Bunbury, WA 7

Cape Preston, WA 2

Christmas Island 3

Dampier, WA 56

Esperance, WA 2

Fremantle, WA 45

Geraldton, WA 28

Kwinana, WA 49

Onslow, WA 2

Port Hedland, WA 70

Port Walcott, WA 8

Yampi (Cockatoo Island), WA 3

Grand Total 279

On shore complaints

80 MLC complaints in period

24 in SSD West region

► Fremantle/Henderson – 16

► Port Hedland – 8

► Bunbury – 1

► Geraldton - 1

Fremantle Welfare Committee

Established in April 2011

Members from:

► the Agents

► ITF

► Industry Reps

► Seafarers welfare groups; and

► Gov. Agencies

Terms of Reference agreed

Channels of Communications between the group established

Meet once every 3 months

Encourage membership and engagement

Questions?