Maritime Labour Convention: Guide
Maritime Labour Convention: Guide
Maritime Labour Convention: Guide
Convention
GUIDE
Contents
1.0 Is your vessel subject to the MLC, 2006? 1
2.0 Is your vessel subject to the MLC, 2006? 2
2.1 Ships that are subject to the MLC, 2006 2
2.2 Foreign-flagged vessels in Australian ports 3
2.3 Australian vessels – Regulated Australian Vessels (RAV) 3
2.4 Australian vessels - Domestic Commercial Vessels (DCV) 4
3.0 Terms and definitions 4
4.0 Overview of the MLC, 2006 5
4.1 Title 1 – Minimum requirements for seafarers to work on vessels 5
4.2 Title 2 – Conditions of employment 6
4.3 Title 3 - Accommodation, recreational facilities, food and catering 6
4.4 Title 4 – Health protection, medical care, welfare and social security protection 7
4.5 Title 5 – Compliance and enforcement 7
5.0 Implementation of the MLC, 2006 8
5.1 Timing for implementation 8
5.2 Individuals and groups who may not be considered seafarers 8
6.0 Certification of regulated Australian vessels 10
6.1 Application and certification process 11
6.2 What happens if the RO finds the vessel does not comply? 11
6.3 Exemptions and equivalence 12
6.4 Interim Maritime Labour Certificate 12
6.5 Certification flowcharts 12
Flowchart for obtaining a Maritime Labour Certificate 13
Flowchart for obtaining an Interim Maritime Labour Certificate 14
6.6 Maintaining compliance and ongoing inspections 15
6.7 Renewal inspections 15
6.8 Validity of certificates 15
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7.0 Guidance on demonstrating compliance with the MLC, 2006 for Australian vessels 16
7.1 Minimum age 16
7.2. Medical certification 16
7.3. Qualification of seafarers 16
7.4 Seafarers’ work agreements (seafarers employment agreements) 16
7.5 Recruitment and placement 17
7.6 Hours of work and rest 18
7.7 Manning levels for the vessel 18
7.8 Accommodation, food and recreational facilities 19
7.9 Health and safety and accident prevention 19
7.10 Onboard medical care 20
7.11 Onboard complaint procedures 20
7.12 Payment of wages 20
8. Port State control in Australia 22
MLC inspection flow chart 23
Action to take flow chart 24
9. Onshore complaints 24
On shore complaints flow chart 25
APPENDIX 1:
Additional Legislative information to assist vessel owners in demonstrating compliance 26
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1.0 Introduction
The Maritime Labour Convention, 2006 (MLC, 2006 or the convention), developed by the
International Labour Organization (ILO), is the fourth pillar of international maritime law along with:
the International Convention for the Safety of Life at Sea (SOLAS) the International Convention on
Standards of Training, Certification and Watchkeeping (STCW); and the International Convention for
the Prevention of Pollution From Ships (MARPOL).
The MLC, 2006 is the result of a tripartite negotiation by representatives of government, employers
and workers. The convention establishes comprehensive rights and protections at work for the
world’s seafarers. With aims to achieve both decent work arrangements for seafarers, and secure
economic interests in fair competition for quality shipowners.
The MLC, 2006 consolidates and updates more than 68 existing ILO conventions, and enters into
force internationally as a mandatory instrument on 20 August 2013. In Australia, the MLC 2006 will
be implemented through the Navigation Act 2012 and associated delegated legislation called Marine
Orders.
The purpose of this guide is to:
• assist vessel owners and seafarers and their representative organisations in understanding how
Australia is implementing the MLC, 2006
• provide information on the mechanisms to be employed for the survey and certification of a
vessel under the MLC, 2006.
Note: This guide is advisory and designed to provide a distinction between the different
elements of relevant legislation and the convention. This guide should not be read in isolation
and interested parties are advised to consult applicable legislation and the convention when
considering the application of the MLC, 2006.
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No No
No
Vessel is
subject to the
National Law
Note: with respect to Floating Production and Storage Offloading Units (FPSO) and Floating
Storage Units (FSU) the MLC, 2006 applies to Australian register vessels by virtue of section
41 of the Navigation Act 2012. Where the Act is disallowed by virtue of the application of the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGSA) the MLC, 2006 will
cease to have effect for the period the vessel is subject to OPGGSA.
If the vessel ‘disconnects’ and is no longer subject to OPGGSA then the Navigation Act 2012
and the MLC, 2006 is applicable.
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Work agreement: See section 54 of the Navigation Act 2012, Marine Order 11 and Article II,
paragraph 1 (g) of the MLC, 2006. This is an agreement between a seafarer and the owner of the
seafarer’s vessel, and has the same meaning as the Seafarer’s employment agreement as defined
in the MLC, 2006. A collective agreement that covers seafarers during their period of employment
can form part of a work agreement.
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4.4 Title 4 – Health protection, medical care, welfare and social security
protection
Title 4 sets requirements to protect the health of seafarers and ensure their prompt access to
medical care on board a vessel and ashore:
i. medical and essential dental care on-board and ashore – the right to visit medical services
ashore at no cost, as per national law; shipowners’ liability/provision of financial security
ii. treatment on board by appropriately trained personnel
iii. carriage of medical equipment and medicines
iv. workplace health and safety protection and accident prevention
v. access to shore based welfare facilities
vi. social security protection.
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Note: The accommodation requirements prescribed in Marine Orders - Part 14, issue 1
(Accommodation) as in force on 30 June 2013 will continue to apply to vessels constructed
prior to 20 August 2013.
Other Marine Orders and legislation that encompass aspects of the MLC, 2006, are:
• Marine Order 3 (Seagoing qualifications)
• Marine Order 9 (Health – medical fitness)
• Marine Order 15 (Construction – fire protection, fire detection and fire extinction)
• Marine Order 21 (Safety of navigation and emergency procedures)
• Marine Order 28 (Operations standards and procedures)
• The Occupational Health and Safety (Maritime Industry) Act 1993
• The Fair Work Act 2009
• The Seafarers Rehabilitation and Compensation Act 1992.
All Marine Orders can be accessed on the AMSA website. Note that the title format of Marine Orders
has changed under the Navigation Act 2012.
The MLC, 2006 will be implemented using the above instruments. The subsequent sections are
intended to provide advice on how these pieces of legislation will be applied.
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Section 14 of the Navigation Act 2012 defines ‘seafarer’ and includes some general exclusions from
the definition. The exclusions are:
a) a licenced pilot of the vessel
b) an owner of the vessel or a person (except the master) representing the owner
c) law enforcement personnel
d) special personnel (see explanation below)
e) a person temporarily employed on the vessel in port
f) a person prescribed by regulation.
In considering prescribing by regulation the types of occupations that are not seafarers, AMSA found
that it was essentially difficult to provide a prescriptive list of occupations of persons who may not be
seafarers. It was agreed in consultation with AMSA’s social partners that the application and intent
of the MLC may vary from circumstance to circumstance.
As a result, where the owners of a vessel consider that a person engaged (or travelling) aboard a
vessel that is required to hold a Declaration of Maritime Labour Compliance may not be a seafarer,
but are unsure, it is suggested that they contact AMSA who will decide on a case-by-case basis, in
consultation with the vessel owner and the seafarer representative organisations concerned as to
whether that occupation is exempt.
Where there are identified occupational groups that will always work on board a particular vessel,
the applicable application will be annoted within the Declaration of Maritime Labour Compliance
(DMLC) Part I, on the basis that:
i. with the exception of special purpose vessel, those proceeding on a voyage on the vessel will
be embarked as either seafarers or passengers
ii. where a person is expected to undertake duties related to the safety of the vessel or those on
board then they should be seafarers.
In making a determination, AMSA will rely upon the provisions contained in Part VII of the
Resolutions adopted by the International Labour Conference at its 94th (Maritime) Session,
assessing occupational groups against the following factors:
(i) duration of on board working periods
(ii) frequency of on board working periods
(iii) location of the person’s principal place of work
(iv) purpose of the work on board
(v) protections that would normally be available to the persons concerned, for their labour and
social conditions, to ensure they are comparable to that under the MLC, 2006.
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What may constitute a Special Purpose Vessel is detailed in section 1.3.4 of the IMO Special
Purpose Ships (SPS) Code which states:
“special purpose ship” means a mechanically self-propelled ship which, by reason of its function,
carries on board more than 12 special personnel including passengers. Special purpose ships to
which this Code applies include the following types:
• ships engaged in research, expeditions and survey;
• ships for training of marine personnel;
• whale and fish factory ships not engaged in catching;
• ships processing other living resources of the sea, not engaged in catching;
• other ships with design features and modes of operation similar to ships referred to above
which in the opinion of the Administration may be referred to this group.
It should be noted that personnel embarked for transfer to another vessel, facility or location are not
special purpose personnel, and are would normally be treated as passengers.
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Vessels normally engaged in overseas voyages that are more than 200gt but less than 500gt do not normally need
certification. However, the vessel will need to be compliant with the requirements of the MLC and Marine Order 11
(Living and working conditions on vessels) 2013. AMSA advises that owners should consider the carriage of MLC
certificates to avoid possible delays in foreign ports.
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6.2 What happens if the RO finds the vessel does not comply?
If during the inspection the RO identifies issues that are not compliant with the MLC, 2006 or Marine
Order 11, they will consult with AMSA. Depending on the nature of the issue, and where the owner
is seeking an Interim Maritime Labour Certificate, the RO (in consultation with AMSA) may choose
to permit the issue of an Interim Maritime Labour Certificate (see below), in accord with Regulation
5.1.3 section 7 of the convention.
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Where the issues are such that an exemption is required, the RO will not issue the Maritime Labour
Certificate until such stage as the consultation required for the issue of such exemptions has been
undertaken. Once completed, the owner will need to review and resubmit the DMLC Part II. The
certification process will then restart from point 4 of 6.1 above.
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AMSA agrees
AMSA issues exemptions/ AMSA rejects
equivalents
RO issues MLC
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Subsection 47(1) and Schedule 3 of Marine Order 11 specify the detailed requirements of the
contents of work agreements.
A sample work agreement that is available at www.amsa.gov.au. These are available in a booklet
and can be purchased by the owner/s of vessels from any AMSA office (www.amsa.gov.au/About_
AMSA/AMSA_Offices.asp). A work agreement needs to be signed by both the seafarer and the
owner or their agent. At all times seafarers must be given the right to obtain advice prior to signing
a work agreement. Work agreements may be linked to a collective agreement or an enterprise
bargaining agreement. Specific guidance on the contents of the agreements are below.
a) Date of birth or age: Normally the date of birth should be inserted in full, only in exceptional
circumstances should the seafarer’s age be inserted, and only when the seafarer’s date of birth
cannot be established. The owner should always use the age that the seafarer is at the time of
signing the agreement.
b) Capacity in which the seafarer is to be employed: This requires a specific and clear
description of the occupation type and duties that the seafarer is to perform. If the seafarer
changes position on board the vessel then a new agreement will need to be signed.
c) Wages: The Owner of a vessel must ensure that wages are paid at least monthly and that
each seafarer is given a payslip detailing payments made including additional payments and
the rate of exchange used if payment has been made in a currency different from that agreed
in the work agreement. A seafarer is entitled to nominate another person to who wages, or a
nominated amount of their wages, are sent at regular intervals.
d) Paid annual leave: The period of paid annual leave must be included in the work agreement, a
reference to any collective agreement, enterprise bargaining agreement or award is satisfactory.
e) Notice of termination of an agreement: Specific details of the notice of termination of an
agreement can be found in division 6 of Marine Order 11.
f) Repatriation: The terms and conditions governing repatriation entitlements are listed in division
6 of Marine Order 11.
7.4.2 Vessels registered on the Australian International Shipping Register(AISR) – Owners
of vessels registered or intending to be registered on the AISR need to be aware that section 61AA
of the Shipping Registration Act 1981 dis-applies the provisions of the Fair Work Act 2009 and the
Seafarers Rehabilitation and Compensation Act 1992 in particular circumstances, and that Ministerial
determinations are in place regarding minimum wages and compensation. Owners of vessels
should refer to the ‘Guide to the Registration of a Ship on the International Register’ published by
AMSA. The guide is available in electronic form on the AISR section of the AMSA website.
7.4.3 Seafarers discharge forms and records of employment – MLC, 2006 Standard A2.1
prescribes that a seafarer must be handed a document at the expiry of their work agreement which
includes their record of service Whilst at sea. Whilst AMSA does not require the delivery of work
agreements it is a requirement that vessel owners complete the approved discharge form whenever a
seafarer’s work agreement expires. Pads of discharge forms can be purchased from any AMSA office
(www.amsa.gov.au/About_AMSA/AMSA_Offices.asp).
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Australian-based Private seafarer recruitment and placement service providers that are used on
Australian flagged vessels will need to register their organisations with AMSA and may be subject to
audit and inspection as required under division 4 of Marine Order 11. Specific guidance on how to
register as a Recruitment Service Provider can be found on the MLC section of the AMSA website.
AMSA will recognise appropriately registered seafarer recruitment and placement services where
they exist in member countries that have ratified the MLC, 2006.
Australian private seafarer recruitment and placement services that have been assessed as
compliant with division 4 of Marine Order 11 are listed on the AMSA website.
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Note: For the purpose of paragraph 7.11 the AMSA contact details are:
email: [email protected]
phone: 02 6279 5080
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Complaint
Head of Department/Supervisor
Complaint recorded
Copy provided to seafarer
Yes No
Resolution Non-resolution
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No MLC related
deficiency
Yes
On board complaints procedure
Detailed
inspection No
necessary?
Yes
Significant
deficiencies? No
Yes
Detainable
No
deficiencies?
DETENTION
Vessel detained
Yes
Deficiency Corrective
No Action Plan No
rectified?
acceptable?
Yes
Yes
Vessel released
Inspection completed
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Yes
Inspection ends
9. Onshore complaints
Seafarers have a right to complain to the port State/flag State authorities when there is a belief that
there has been a breach of the requirements of the MLC, 2006.
When complaints are made on shore to AMSA, an AMSA inspector will:
• undertake an initial investigation, which may or may not entail a ship visit
• advise seafarers to use the on-board complaints procedure where appropriate
• carry out a more detailed inspection if necessary
• promote resolution of complaint at ship board level if appropriate
• notify the flag State if the complaint has not been resolved seeking resolution, advice or
corrective within a prescribed deadline.
Where a complaint has not been resolved following the action taken above, AMSA will transmit a
copy of the reports and associated documents to the ILO Director-General with notification to the
port State shipowners and seafarers’ organisations.
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Complaint on shore
No MLC related
deficiency
Yes
Attention brought
Detainable to Master
No Complaint
deficiencies? (deficiencies not No Notification
resolved?
significant)
DETENTION
Vessel detained
Refer to MLC
Inspection
Flow Chart
Inspection completed
Record
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Minimum age
• Marine Order 11 ( Living and working conditions on vessels) 2013:
- Division 6 section 42(1) sets a minimum employee age of 16 years. Division 6, section 42(4)
and 42(5) places work restrictions on employees under 18 years.
- Division 7, section 55 prescribes that a person who works on board the vessel as a cook is
over 18 years of age.
- Schedule 1 provides for specific working conditions for seafarers under the age of 18 years.
• Marine Order 3 (Seagoing qualifications) 2004 sets out the eligibility requirements for holding
certificate: section C (General Requirements for Certificates), section D (Specific Requirements
for Deck Officers), section E (Specific Requirements for Engineer Officers), and section F
(Specific Requirements for Ratings).
- Section C: clause 19.2 Certificate of proficiency for survival craft and rescue boats –
minimum age of 18 years; clause 20.2 Certificate of safety training – minimum age of 16
years
- Section D: clause 25.3 Certificate of competency as Master (<500GT) – minimum age
of 20 years; clause 25.6.1 Certificate of competency as Mate (<500GT) – minimum age
of 20 years; clause 25.6.2 Certificate of competence as Mate with capacity limitation as
Watchkeeper only – minimum age of 20 years; clause 25.7 Certificate of competency as
Watchkeeper (Deck) – minimum age of 20 years
- Section E: clause 32.3 Certificate of competency as Engineer Watchkeeper – minimum age
is 20 years
- Section F: clause 38.2.1 Certificate of competency as Integrated Rating – minimum age
of 18 years (this requirement is not applicable depending on other certificates held and
qualifying sea service); clause 38.4 Certificate of rating as Deck Rating – minimum age of 18
years; clause 38.5 Certificate of rating as Engine Room Rating – minimum age of 18 years.
Medical certification
• Marine Order 9 (Health – medical fitness) 2010, provides the framework for medical certification
of fitness to perform duties. Clause 4 sets out who this Marine Order applies to; clause 6 sets
out the requirements for a seafarer to be medically fit; clause 7 sets out the evidence required
of medical fitness; clause 8 sets out the requirements for the Certificate of Medical Fitness;
clause 9 deals with Aids to vision or hearing, and clause 10 deals with Recognition of medical
certificates issued overseas.
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Qualifications of seafarers
• Marine Order 3 (Seagoing qualifications) 2004 sets out the prescribed qualifications required on
board Australian vessels.
- Section B relates to the administration of the certificates.
- Section C sets out the general requirements for certificates; clause 12 – knowledge of
English; clause 13 - medical fitness; clause 14 - medical training; and clause 15 -equivalent
qualifying sea service and training. Section C also sets out specific requirements for service
on tankers (clause 17), service on for service on passenger ships (clause 18), being in
charge of survival crafts and rescue boats (clause 19); and for holding a certificate of safety
training (clause 20). Section 21 deals with the recognition of certificates issued overseas.
- Section D sets out the specific requirements for Deck Officers. Clause 23 relates to
Watchkeeping, section 24 sets out the grades of certificates, and section 25 sets out
eligibility for certificates, including for Master (clause 25.1); Master (<3000 GT) (clause
25.2); Master (<500 GT) (clause 5.3); Chief Mate (section 25.4); Chief Mate (<3000 GT)
(clause 25.5); Mate (<500 GT) (clause 25.6); and Watchkeeper (Deck) (clause 25.7).
Section 26 deals with qualifying sea service. Section 27 deals with revalidation courses.
Section 28 sets out the requirements for high speed craft, including the requirement for type
rating endorsement (28.1) and for eligibility, duration, and revalidation. Section 29 sets out
the requirements for sailing ships, including for eligibility.
- Section E sets out the specific requirements for Engineer Officers. Section 30 deals with
Watchkeeping, section 31 deals with grades of certificates, section 32 deals with eligibility
for certificates, including for Engineer Class 1 (clause 32.1); Engineer Class 2 (clause
32.2); Engineer Watchkeeper (clause 32.3); and “other grades” (clause 32.4). Section 33
deals initial training, section 34 deals with qualifying sea service, and section 35 deals with
revalidation courses.
- Section F sets out the specific requirements for ratings. Section 36 deals with Watchkeeping,
and section 37 deals with grades of certificates. Section 38 deals with eligibility for
certificates, including for Chief Integrated Rating (clause 38.1); Integrated Rating (clause
38.2); Able Seaman (clause 38.3); Deck Rating (clause 38.4); and Engine Room Rating
(clause 38.5). Clause 39 deals with training courses for each type of Rating.
- Section G sets out the specific requirements for Wig Craft Officers, and covers certificate
required (clause 41), and eligibility for certificate (clause 42).
- Section H sets out the specific requirements for Certificates of Proficiency as Ship Security
Officer, and covers eligibility (clause 43), and transitional provisions (clause 44).
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address and date of birth, the vessel owner’s full name and address, the role the seafarer is
employed or engaged to do, the amount of the seafarer’s wage, and the date of the expiry of
the agreement.
- Section 50 requires the owner of a vessel to ensure that specified people have access
to a copy of any work agreement, including incorporated documents, kept on board. The
specified people are (a) the seafarer to whom the agreement applies, (b) a representative of
the seafarer, (c) the master of the vessel, (d) AMSA, and (e) a port State control officer of a
country being visited by the vessel. Section 51(2) and (3) make it an offence to not comply.
- Section 51 provides for the minimum notice period for termination. Subject to any instrument
under the Fair Work Act 2009 or any collective agreement applying to a vessel, the seafarer
or employer must give at least 7 day notice of the termination, but the seafarer can give less
if required to for compassionate reasons or other urgent circumstances recognised in the
work agreement.
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Hours of rest
• Marine Order 11 (Living and working conditions on vessels) 2013, division 6, sets out the
requirements for the engagement and working conditions of seafarers.
- Section 42(4) states that a person must employ or engage to work on a vessel a person
under 18 years if (b) the person is required to work between 9pm and 6am if the work is
not reasonably required for the training of the person as a seafarer in accordance with an
approved program.
- Section 42(5) requires, subject to any instrument under the Fair Work Act 2009 or any
collective agreement that applies to the vessel, the owner of the vessel to ensure that the
working conditions mentioned in schedule 1 for a person under 18 years are met.
• Schedule 1 of Marine Order 11 lists the working conditions for seafarers under 18 years, and
provides at (1) that they may only work (a) no more than 8 hours in any 24 hours, and (b) no
more than 40 hours in 7 days. It further states at (2) that in an unavoidable situation if safety is
at risk or they are required to undertake an emergency drill, the seafarer may work more than
the hours mentioned in (1), and must be given a compensatory rest period for any additional
hours worked. (3) states that the seafarer must have (a) a break of at least 1 hour for the main
meal of the day and (b) a 15 minute rest as soon as possible after 2 hours of continuous work.
(4) states that (3) does not apply if it is impracticable for seafarers assigned to watchkeeping
duties or on a rostered shift work that are in the deck, or engine room, or the catering
department, or where the scheduled training of seafarers would be impaired in accordance with
the guidelines set by AMSA. (6) requires that a record of the circumstances mentioned in clause
4 and the reasons for it must be kept and signed by the master.
- Section 43 states that a seafarer must have at least the minimum hours of rest for a seafarer
to whom division 3 of applies (set out further down).
• Section 44 requires vessel owners to post a notice of shipboard working arrangements in an
area easily accessible by all seafarers.
• Section 45(1) requires the owner of a vessel to maintain records of seafarer’s daily hours of
rest. Section 45(2) requires the master to give a seafarer a copy of the record relating to them,
and to ensure that the record is endorsed by the master or a person authorised by the master
and the seafarer.
• Marine Order 28, division 3 sets out the requirements for minimum hours of rest.
- Section 14 sets out the minimum hours of rest for the categories of seafarers listed in clause
12. Section 14.1 states that the minimum hours of rest for a seafarer must be 10 hours in
any 24 hours, and 77 hours in any 7 days. Section 14.2 states that the minimum hours of
rest may be divided into 2 periods, of which 1 period must be at least 6 hours. Section 14.3
states that the interval between consecutive periods of rest must not exceed 14 hours.
- Section 15 sets out the exceptions from minimum hours of rest, being where AMSA has
granted an exception upon application by the operator of a ship.
- Section 16 provides exceptions to the minimum hours of rest requirement during emergency
or drill or other overriding operational conditions.
- Section 17 requires the operator of a ship to ensure current watch schedules are displayed
in areas of the ship easily accessible by all seafarers on board, requires seafarers to record
their hours of work and rest for specified periods and to transfer these to the records of the
ship, and requires the ship operator to keep those records for a set period, to provide them
to the seafarer on request, and to have them available for inspection by a surveyor.
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Manning
• The Navigation Act 2012, Part 4, division 2 contains sections relating to the requirements for
minimum safe manning on board Regulated Australian Vessels. Section 51 prescribes that
AMSA may determine in writing that a vessel, or a vessel included in a class of vessels, must
carry a specified number of Officer and a specified number of seafarers. Section 52 makes in
an offence to operate a vessel other than in accordance with a determination made in respect of
section 51.
Accommodation
• The Navigation Act 2012, Part 5, division 4 contains sections relating to accommodation.
Section 74(1) states that regulations may make provisions in relation to accommodation to
be provided for seafarers on vessels. Section 75 states that the owner of a vessel must not
take the vessel to sea, or cause or permit the vessel to be taken to sea, if the vessel does
not comply with the accommodation prescribed by the regulations made for the purposes of
subsection 74(1), and makes it an offence to do so.
• Marine Order Part 14, issue 1 (Accommodation) (Order No. 5 of 1990) applies to Australian
vessels constructed prior to 20 August 2013 and deals with accommodation.
- Section 4 deals with accommodation for crew, and section 5 deals with hospital accommodation.
• Section 4.2 sets out the standards to be applied for crew accommodation.
• Section 4.2.1 states that the crew accommodation, other than hospital accommodation, of
a ship other than (a) a ship of less than 500 gross tonnage; (b) a ship the keel of which was
laid or the construction of which was otherwise commended before 21 April 1954; (c) a ship
primarily propelled by sail; or (d) a fishing vessel or ship engaged in whaling or similar pursuits,
must comply with the requirements of Appendix 1.
• Appendix 1 lists the basic requirements for accommodation and includes (1) location and
construction; (2) heating, lighting and ventilation; (3) sleeping accommodation; (4) mess and
recreation rooms; (5) offices and day rooms; (6) sanitary accommodation; (7) washing and
change rooms; (8) laundries and drying rooms; (9) supply and discharge of water; (10) galleys;
and (11) store rooms.
• Section 4.2.2 states that the crew accommodation, other than hospital accommodation, of a
ship other than (a) a ship of less than 1,000 gross tonnage; (b) a ship the keel of which was
laid or the construction of which was otherwise commenced before 15 March 1977; (c) a ship
primarily propelled by sail; (d) a fishing vessel or ship engaged in the pursuit of whaling or
similar pursuits; or (e) dynamically supported craft, must also comply with the requirements of
Appendix 2.
• Appendix 2 lists additional requirements and includes (1) headroom; (2) mechanical ventilation;
(3) sleeping rooms; (4) sanitary accommodation; (5) washing accommodation; and (6)
asbestos.
• The note under section 4.2 states that where reasonable and practicable, ships of less than 500
gross tonnage should apply the standards set out in Appendix 1 and ships of less than 1,000
gross tonnage should apply the standards set out in Appendix 2.
• Section 4.3 prohibits using any part of crew accommodation for passengers.
- Section 7 states that accommodation and sanitary arrangements must be provided for
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fumes from cooking appliances or natural ventilation to ensure that fumes escape to open air
and do not remain in the galley.
- Section 57 sets out provisions regarding the storage of food and includes offences for failure
to comply. Schedule 5 sets out further requirements for dry provision stores.
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Payment of wages
• Marine Order 11 (Living and working conditions on vessels) 2013 division 6, section 53 requires
the owner of a vessel to: pay seafarers at least monthly and in accordance with any applicable
work agreement or award; give the seafarer an account at least monthly setting out the payments
due, period to which the payments relate, amounts paid, and details of any deductions; and
establish a system for enabling seafarers to send a portion of their earnings to their family.
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