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