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Appendicies

AMSA, 14th Annual Report, 2003 - 2004

Freedom of Information

Statement pursuant to section 8 of the Freedom of Information Act 1982

The Freedom of Information Act 1982 requires Australian Government agencies to publish a statement setting out their organisation’s role, structure, functions and documents available for public inspection and access to such documents. Section 8 of the Act requires each agency to publish detailed information on the way it is organised, its powers, decisions made and arrangements for public involvement in its work. This statement, in conjunction with information in this annual report, is intended to meet the requirements of Section 8 of the Act and is correct as at 30 June 2004.

AMSA operates nationally under the direction of a Board of Directors and a Chief Executive Officer (as detailed at the front of this report). AMSA has a head office in Canberra, with principal offices in Brisbane, Sydney, Melbourne, Adelaide and Fremantle. AMSA’s main offices are listed at the back of the appendices to this annual report.

Access facilities

In many cases, an application under the Freedom of Information Act 1982 may not be required as information or documents are readily available.

Formal requests under the Act must be made in writing to:

The Freedom of Information Officer
Australian Maritime Safety Authority
GPO Box 2181
Canberra ACT 2601
Further information:
Telephone: (02) 6279 5052
Facsimile: (02) 6279 5017

Decision process

The Chairman holds the general power to grant or refuse access to AMSA documents, which he has delegated to AMSA managers, together with the internal review power. The Chairman also has delegated the power to conduct internal reviews to AMSA’s Chief Executive Officer.

Functions

AMSA’s functions are to regulate safety standards in the Australian maritime industry, combat pollution in the marine environment, provide a search and rescue coordination service for the maritime and aviation industries and perform other services for the maritime industry as requested.

Powers

A wide range of powers, under the following Acts, is exercised by staff in performing AMSA’s functions:

Ship Operations

Navigation Act 1912 and Marine Orders made under that Act relating to:
- construction standards for ships;
- survey of ships;
- safety of ships;
- crewing of ships;
- qualifications of seafarers;
- licensing of coastal pilots,
- welfare and discharge of seafarers; and
- cargoes and passengers.
Lighthouses Act 1911, relating to marine aids to navigation.
Occupational Health and Safety (Maritime Industry) Act 1993, in relation to
discharge of inspectorate functions as the Inspectorate under the Act.
Maritime Transport Security Act 2003, in relation to appointment of AMSA
marine surveyors as Duly Authorised Officers.

Registration

Shipping Registration Act 1981, relating to the registration of ships.

Marine Pollution

Levies

Marine Navigation Levy Act 1989;
Marine Navigation Levy Collection Act 1989;
Marine Navigation (Regulatory Functions) Levy Act 1991;
Marine Navigation (Regulatory Functions) Levy Collection Act 1991, relating to the funding of AMSA’s regulatory activities.

Categories of documents

Documents covering a broad range of topics related to AMSA’s functions are recorded and maintained on a centralised database. Databases also are maintained for staff records, crew qualifications, shipping registration, continuous synopsis records, port State control functions and financial records.

Maintenance of database records and microfilm records pertaining to the General Register of Seamen system closed effectively at 28 February 1998. These records have now been transferred to the National Archives of Australia.

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Outside participation and public involvement

AMSA officers participated in the following advisory and consultative bodies/committees:

AusSAR Consultative Forum
Australian and New Zealand Environment Consultative Committee (ANZECC)
Maritime Accidents and Pollution Implementation Group and working groups
Australian and New Zealand Safe Boating Education Group (ANZSBEG)
Australian Coastal Ballast Water Management Group
Australian Introduced Marine Pests Coordination Group (NIMPCG)
Australian International Telecommunications Union Working Group
Australian Marine Group (AMG)
Australian Maritime Safety Authority Advisory Committee
Australian Maritime Safety Authority Livestock Advisory Committee
Australian Shipbuilders’ Association Technical Committee
Bass Strait Livestock Shipping Committee
Bulk Cargoes Advisory Group
Coastal Pilotage Consultative Committee
Great Barrier Reef and Torres Strait Shipping Management Group
Halon Consultative Group
Historic Shipwrecks Advisory Group
Maritime College Examination Committees
Maritime College Accreditation Panels
Marine Offshore Petroleum Safety Advisory Committee
National Marine Safety Committee (NMSC)
National Oil and Gas Safety Advisory Committee (NOGSAC)
National Plan Management Committee (NPMC)
National Plan Operations Group (NPOG)
National Search and Rescue Council
Navigational Services Advisory Committee
REEFREP Ship Reporting System Management Group
REEFREP Ship Reporting System User Group
Seafarers’ Assistance Service Steering Committee
Standards Australia Technical Committees

Environmental Performance 2003-2004

Report pursuant to section 516A of the Environment Protection and Biodiversity Conservation Act 1999

The Australian Maritime Safety Authority Act 1990 specifies, inter alia, that AMSA’s main objects are to:

promote maritime safety;
protect the marine environment from pollution from ships and other environmental damage caused by shipping;
provide a national search and rescue service; and
promote the efficient provision of services by the Authority.

AMSA’s outputs reflect these primary responsibilities and include:

Output 1.1: Safety and environmental protection standards for responsible operation of ships.
Output 1.2: An infrastructure for monitoring compliance with safety and environmental protection standards.
Output 1.3: Capability to respond to marine pollution incidents.
Output 1.4: Systems that aid safe marine navigation.
Output 2.1: A capability to detect, locate and rescue persons in maritime and aviation distress situations.

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Major Activities in 2003-2004

International

AMSA is responsible for the implementation and enforcement of a number of International Maritime Organization (IMO) conventions promoting ecologically sustainable development of the oceans.

The role of IMO in ecologically sustainable development relates to:

Improving the safety and efficiency of maritime transport, thereby increasing global trade and improving economic well-being;
Enhancing marine environment protection to facilitate integrated coastal management and greater access to protein through improved fisheries catches;
Promoting sustainable livelihoods and poverty eradication by encouraging improved standards of employment for seafarers in the global shipping and fishing industries.

The Conventions specifically aimed at the prevention, reduction and control of marine pollution from ships to which Australia is a signatory are:

International Convention on Civil Liability for Oil Pollution Damage 1992;
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992;
International Convention for the Prevention of Pollution from Ships 1973/78 (MARPOL 73/78);
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969;
International Convention on Oil Pollution Preparedness, Response and Co-operation 1990.

Australia also has signed two new IMO Conventions, subject to ratification:

The International Convention on the Control of Harmful Anti-Fouling Systems on Ships 2001 (signed on 19 August 2002); and
The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (signed on 23 September 2002).

These Conventions are expected to reach the required level of international acceptance to enable entry into force within the next few years.

During 2003-2004, AMSA participated actively in the IMO’s consideration of environmental issues. Major activities in this regard included:

Advancing the joint submission by Australia and Papua New Guinea to the IMO seeking its declaration of Torres Strait, which separates the two countries, as a Particularly Sensitive Sea Area (PSSA) and approval of associated protective measures. In July 2003, the IMO agreed to provisional designation of Torres Strait as a PSSA and approved the associated protective measure of introducing a two-way shipping route through the Torres Strait, which has since been implemented. The other associated protective measure of compulsory pilotage is being considered by the relevant IMO Committees with a view to having the proposal adopted by mid 2005, if there is agreement to proceed.
Adoption by the IMO Assembly in late 2003 of a resolution on IMO policies and practices related to greenhouse gas emissions from ships. The IMO has established a working group to develop strategies to further address the development of controls over greenhouse gas emissions from ships.
Adoption by an IMO Diplomatic Conference in February 2004 of the new International Convention for the Control and Management of Ships Ballast Water and Sediments 2004 to address problems associated with the transfer of harmful aquatic organisms in ships’ ballast water. The Convention will enter into force twelve months after signature by 30 States with combined merchant fleets constituting 35 per cent of world merchant shipping gross tonnage.
Adoption by the IMO Assembly in December 2003 of new guidelines on places of refuge for damaged and disabled ships.
Revision of the key annexes to the International Convention for Prevention of Pollution from Ships (MARPOL73/78) Annex I (oil) and Annex II (noxious liquid substances) which are expected to be completed by the end of 2004 and the amendment of Annex V (garbage) to provide greater clarity and consistency in dealing with discharges of cargo residues.
Revision of the international regime providing compensation for pollution damage from oil tankers including increasing liability limits, greater consistency in application by member States and more effective management arrangements.

National

Ship Safety and Environment Standards

The international maritime conventions are implemented in Australia by the following Commonwealth legislation, for which AMSA has administrative responsibilities:

Some of these convention requirements are given effect by State and Northern Territory legislation. AMSA maintains an ongoing consultation with State and Territory marine administrations on an individual basis and through the Australian Marine Group and the National Marine Safety Committee on the implementation and administration of ship safety and environment protection regulatory standards.

During 2003-2004, AMSA contributed to the requirements for the development of legislation to implement into national law:

The International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001 and the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 so they can be applied as soon as their international entry into force is achieved.
Regulations set out in Annex VI, Prevention of Air Pollution from Ships, of the MARPOL Convention.

AMSA also promulgated a new part to Marine Orders, Part 96, Marine Pollution Prevention – Sewage, made pursuant to the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 to give effect to IMO regulations under Annex IV, Prevention of Pollution by Sewage, of the MARPOL Convention, which entered into force for Australia on 27 May 2004.

Marine Pollution Preparedness and Response

AMSA manages Australia’s National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances. The National Plan is a cooperative arrangement between the Australian, State and Northern Territory Governments and the oil, chemical, exploration and shipping industries on a range of preparedness and response capabilities and activities.

National Network of Aids to Navigation

AMSA also has responsibility for providing the national network of marine aids to navigation and safety communications to meet Australia’s commitments under the International Convention for the Safety of Life at Sea, 1974 (SOLAS). These functions are specified in the Commonwealth Lighthouses Act 1911.

AMSA is responsible for:

Managing technical, maintenance and engineering services supporting the provision of the Commonwealth aids to navigation network;
Strategic planning to ensure that the aids to navigation network is meeting navigational safety and shipping industry requirements;
Liaison with stakeholders such as the commercial shipping industry and Commonwealth and State bodies, mainly through the Navigation Services Advisory Committee;
Liaison and participation in regional and international standard-setting organisations, such as the IMO and the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA).

The AMSA network comprises 332 lights, 46 radar transponder beacons (racons), four radar, 12 auxiliary lights, nine unlit beacons, four tide gauges, and 16 Differential Global Positioning Systems at over 365 locations and a Ship Reporting System. The network includes 58 lighthouses of historical significance. Many are located in highly remote areas of Australia requiring specialised environmental and heritage management strategies.

AMSA is accountable for the efficient and effective use of resources used for the navigational network, which are provided by the shipping industry through the Marine Navigation Levy. It is important therefore that AMSA clearly demonstrates the transparent and cost effective application of these funds.

In modernising and maintaining the existing aids to navigation network, AMSA’s environmental strategies include the application of:

Low maintenance equipment and systems;
Renewable energy power systems. Solar power supplies were first introduced in 1981 to operate remote aids to navigation. They now account for almost 80 per cent of the powered aids with the remainder using mains electricity;
Increased maintenance intervals to minimise environmental impacts and environmentally sensitive maintenance policies to remove noxious vegetation and clean-up waste on sites;
Innovative maintenance and construction techniques. As most sites are leased from State Governments, remote site designs tend to use lighter weight structures with pier or pile connections to the ground to minimises disturbance to the environment and simplify future removal tasks;
Revised maintenance and construction transport arrangements.

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Environmental Management System

In November 2003, AMSA completed full implementation of quality management systems in all its Divisions and achieved third party certification that these complied with AS/NZS ISO9001:2000 standards. AMSA also developed and implemented an environmental management system that received third party certification to AS/NZS ISO14001:1996 international standards. Existing business activities and processes will continue to be reviewed as part of the continuous improvement approach fostered by the AMSA quality management system.

AMSA’s adoption of an environmental management system meeting ISO14001:1996 standards fulfilled the requirements of the Australian Government’s decision to encourage its agencies to implement an Environmental Management System (EMS) and have one site certified by end December 2003.

Service Charter Report 2003-2004

AMSA implemented its Service Charter in July 1998 following extensive consultation with major stakeholders, including government, industry and the community. It includes information about AMSA’s service standards and the means by which stakeholders can provide feedback about the delivery of AMSA’s services.

The Service Charter complements other avenues by which AMSA communicates regularly with its stakeholders, which include the AMSA Advisory Committee and a number of specialised consultative committees, comprising industry, government and community representatives. In addition, AMSA’s Emergency Response Division, which is involved in coordinating search and rescue and marine environment protection functions, participates in regular debriefing sessions after a major incident to gain performance feedback in relation to these particular functions.

Feedback – Compliments and Complaints

Feedback on service performance (compliments, suggestions and complaints) is used in the following ways:

– Referred to the action officer concerned;
– Brought to the attention of other staff;
– Used to improve the way that service is provided; and
– Included in the corporate planning process.

AMSA’s quality management system also requires that as part of the continuous improvement process, AMSA record and analyse customer feedback on the services that it provides to identify areas for potential improvement.

During 2003–2004, AMSA recorded seven complaints (compared to four in 2002-2003) and 57 compliments (compared to 52 in 2002-2003).

The Service Charter provides that complaints will be investigated in accordance with AMSA’s Customer Compliment/Complaint Handling Procedure and will be responded to within seven working days.

AMSA’s Customer Compliment/Complaint Handling Procedure

AMSA’s formal Customer Compliment/Complaint Handling procedure provides for a two-tier response to significant comments from stakeholders. The first tier is at the working level by the officer who initially receives the comment and the second tier involves reference of the comment to the General Manager of the relevant Division or the Chief Executive Officer, as appropriate.

The procedure provides for recording of significant complaints and compliments. Feedback gained through the procedure, combined with other avenues of stakeholder communication, contributes to AMSA’s continuous improvement process. During 2003-2004, this feedback led to measures being considered to improve delivery of information and continued attention on improving relations with particular external stakeholders.

The four most common type of compliments that AMSA received in 2003-2004 were:

Twenty four in appreciation of assistance provided by AMSA in search and rescue coordination and related functions;
Sixteen commendations were for timely provision of relevant information and material to the industry and members of the public, the availability and usefulness of information on AMSA’s web site, and the high quality of AMSA staff presentations.
Eight responses were about the quality of liaison undertaken with industry, national organisations and government agencies, and for representing Australia’s interests in the International Maritime Organization.
Five compliments went to the quality and promptness of AMSA’s services.

The seven complaints received in 2003-2004 related to revalidation of marine qualifications and oral examinations, problems with AMSA’s Internet site, and the protocol being followed whereby the authority handing over responsibility to AMSA for a search and rescue incident did not receive an acknowledgement that AMSA was dealing with the matter.

The complainants were provided with further information or were advised of the outcome from the investigation of their complaints and have not chosen to take the matters further. AMSA considers that all complainants found their concerns were handled in a satisfactory way.

AMSA considers that most stakeholders are aware of its Service Charter as it was widely circulated to industry and government interests, both during its development phase and again after its finalisation. The level of response and comments received during the development phase indicated a high level of awareness. All AMSA staff are aware of AMSA’s commitment to quality service and the majority are aware of the specific service standards provided in the Service Charter.

Access to the Charter is maintained through AMSA’s website and staff also can access AMSA’s Customer Compliment and Complaints Handling Procedure and standard Customer Comment form through AMSA’s internal web site. The Charter and the procedure are regularly reviewed and updated as part of AMSA’s quality management system.

AMSA’s Service Charter invites stakeholders to provide comments to the officer with whom they are dealing or the manager at the nearest AMSA office. Alternatively, they can contact 1800 133 558 or e-mail service.charter@amsa.gov.au, if they are not satisfied or think other contact is not appropriate.

Measuring Performance

The key performance standards in the Service Charter provide the following service levels in responding to stakeholders:

– a response to written and electronic communication within 20 working days;
– a response to telephone inquiries within two working days; and
– use of plain language that is clear and easy to understand.

Analysis of primary data and feedback from AMSA’s consultative processes indicates that AMSA has substantially fulfilled these standards of service.

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last updated: May 2005