You may have heard about the proposed changes to Marine Order 505 (Certificates of Competency – national law) 2013 which are likely come into effect on 1 July 2020. This article will set out the key points you need to know to make sure you, your business and your mates are ready for the coming changes.
Marine Order 505 provides for Certificates of Competency and qualifications for crew and masters of domestic commercial vessels (DCV). It also sets out the steps of the application process, criteria, endorsement, variation, suspension, revocation and renewal of a Certificate of Competency.
WHY MAKE CHANGES?
You may be asking, “Why make changes to a process that is already in place?” Well, the Australian Maritime Safety Authority (AMSA) have received feedback that the current process is overly complex and hard to understand. The current process consists of a framework, legislation, regulation, standards, and 23 exemptions. As you can imagine, all of this information does not make it easy for people to understand. AMSA has proposed a
series of changes to modernise the process, simplify it, and make the information easier to read, use and apply.
Following consultation with an industry reference group with representatives from a variety of sectors of the DCV industry (including sailing, tourism, charter vessels, fishing, construction, towage and unions) AMSA has developed a new draft Marine Order 505, and we describe the changes below.
WHO WILL THE CHANGES APPLY TO?
The proposed changes will apply to a broad range of people, entities, organisations, and groups in the marine industry including:
• anyone working on (or intending to work on) Australian DCVs
• anyone holding (or intending to obtain) a Certificate of Competency to work on an Australian DCV
• people or organisations responsible for the crewing of Australian DCVs
• people already performing duties or functions on an Australian DCV under a current AMSA general exemption
Photo by Discover Boating
• industry groups/bodies representing Australian seafarers, and,
• any entities or organisations conducting (or seeking approval to conduct) AMSA mandated practical assessments.
WHAT ARE THE KEY CHANGES?
Now, you are probably asking, “So what are the changes?” The key changes you need to be aware of are around:
SUPPORT AND GUIDANCE
• Marine Order 505 will now include a document called the “National Standard for Commercial Vessels Part D”, which is a simple and easy-to- read guide to the new Marine Order 505;
CERTIFICATES OF COMPETENCY
• There will be five new Certificates of Competency introduced.
• Watch out as some existing certificates will no longer be issued.
• You will also be required to complete
an AMSA approved task book before a Certificate of Competency will be issued.
MEDICAL AND FITNESS
• There will be a new standard for the assessment of medical fitness for the masters and crew of a DCV.
• Medical and eyesight tests will be required before any new certificates are issued.
• You will also need a first aid certificate for the initial issue and renewal of your Certificate of Competency.
• Engineering certificates will no longer require colour vision testing.
OTHER
• Sea service will be recorded in hours (with eight hours equivalent to one day).
• Carrying passengers will now be permitted for the Coxswain 2 certificate.
• The ‘restriction to sheltered waters’ restriction will be removed from all certificates.
• Endorsements that allow for an increase in vessel length will be removed.
WHAT ARE THE NEW KINDS OF CERTIFICATES?
AMSA have proposed that five new Certificates of Competency will be introduced. Have a look below to see if you are interested in any of them.
• Coxswain grade 3 near coastal;
• Sailing master coastal near coastal;
• Sailing master offshore near coastal;
• Master less than 45 metres near coastal; and, • Master less than 100 metres near coastal.
WHICH CERTIFICATES WILL NO LONGER BE ISSUED?
Under the new Marine Order 505, there will be three Certificates of Competency that will no longer be available. Make sure you check below to see if your certificate is one that will no longer be issued from 1 July 2020, and what you must do to stay compliant.
• Master less than 35 metres near coastal;
• Mate less than 80 metres near coastal; and,
• Master less than 80 metres near coastal.
WHAT HAPPENS IF I ALREADY HAVE A CURRENT CERTIFICATE OF COMPETENCY THAT WILL NOW NO LONGER EXIST POST 1 JULY 2020?
If you hold one of the certificates that will no longer be available from 1 July 2020, you will be able to continue to perform your current duties under that certificate until that certificate expires. So check your expiration date!
When your certificate does expire you will then need to apply for a new certificate under the new Marine Order 505. So, don’t get caught out!
CERTIFICATE OF COMPETENCY YOU WILL NEED POST 1 JULY 2020
Master less than 35 metres near coastal need to apply for Master less than 45 metres near coastal
Mate less than 80 metres near coastal need to apply for Master less than 24 metres near coastal
Master less than 80 metres near coastal need to apply for Master less than 100 metres near coastal
I HAVE AN EXEMPTION, WILL THAT BE AFFECTED?
Possibly. There are 12 general exemptions that will now no longer be effective following the proposed changes. Depending on the exemption that you hold, you may or may not have to take any action following the proposed changes. If you have an existing exemption, please visit AMSA’s website to check what action you may need to take.
SO, WHAT NEXT?
The public consultation period was until Sunday 29 September 2019. After the consultation period any required amendments to the draft Marine Order 505 will be made by 2 December 2019. After this time, it is likely that the proposed changes will come into effect on 1 July 2020. So, watch this space for updates on the coming changes.
If you have any questions about how the proposed changes to Marine Order 505 are going to affect you or your business, give the team at Pacific Maritime Lawyers a call on 1300 797 627.
By Claire Strodder, Maritime Lawyer
(Published in the Oct-Dec 2019 edition)
