General Incident Reporting
The requirements for general incident reporting as they relate to individual legislative requirements are described in detail below.
Format of General Incident reporting
Incident reports are made using form ‘AMSA 18’ and form ‘AMSA 19’.
Form ‘AMSA 18’ is an incident alert designed to inform the authorities that an incident has occurred, however, this will not include all the information that will eventually be required. This report must be submitted by the master within 4 hours of the incident occurring and may be sent by:
Fax to: +61 2 6230 6868 or 1800 622 153 (free fax within Australia), or
Email to: Reports@amsa.gov.au
If additional information is required in respect of the submission of this form the Rescue Coordination Centre (RCC) can be contacted on 1800 021 098 and they will provide advice.
To provide the details of the incident a “detailed report” (form AMSA 19) is to be forwarded to AMSA, Canberra within 72 hours of submission of the incident alert (form AMSA 18). The details for faxing or emailing incidents reports (Form AMSA 19) are:
Fax to: +61 2 6279 5058
Email to: Reports@amsa.gov.au
When is Incident reporting required?
The requirements for reporting are detailed below. It should be noted that Australian legislation provides significant penalties for failing to comply with any report requirements. The information provided below is a summary of the of the principal requirements of the relevant legislation, however, is it recommended the legislation itself be consulted when more information is needed? This legislation is available on the AMSA website.
Under section 18 of the Transport Safety Investigation (TSI) Act 2003
Section 18 of the TSI Act requires a responsible person to report marine accidents and serious incidents to a nominated official as soon as reasonably practicable.
Note: A responsible person is defined by regulation as the Master or person in charge of the ship, the owner or operator or the agent, or a pilot who has duties on board the ship. A nominated official includes a member of the staff of AMSA.
Vessels which are required to report under sections 268, 269 and 417 of the Navigation Act 1912 are required to report under the TSI Act, however, the completion and submission of form ‘AMSA 18’ [add link] by a responsible person is sufficient to fulfil the obligation to report imposed under section 18 of the Transport Safety Investigation Act 2003. As such there is not need to send a separate report to comply with this requirement.
Under Section 268 of the Navigation Act 1912
Section 268 of the Navigation Act 1912 requires that reports be submitted in relation to accidents and/or dangers to navigation with respect to any ships during any voyage within Australian waters or on a voyage to a port in Australia. Australian flagged ships are required to make such reports irrespective whether the ship is in Australian waters or not. Such reports must be submitted where:
- An accident occasioning loss of life or serious injury to a person has occurred.
- Damage or defect(s) in the ship, its boilers, machinery or equipment has been discovered which has or may affect the seaworthiness or safety of the ship, efficient operation or safety of the boilers, machinery or fixed equipment of the ship.
- The ship has been in a position of peril from the action of some other ship or from danger of wreck or collision.
- The ship has been stranded or wrecked, has fouled or damaged a pipeline or submarine cable, lighthouse, lightship, beacon, buoy or other marine mark, or where a ship having left a port in Australia has put back to that port or another port in Australia.
Under Section 269 of the Navigation Act 1912
Section 269 of the Navigation Act 1912 requires that reports be submitted by the owner or agent of an Australian flagged where the vessel has been lost or is presumed to be lost.
Under section 417 of the Navigation Act 1912
Section 417 of the Navigation Act 1912 requires that reports of Births, deaths etc must be submitted with respect to any ship during any voyage within Australian waters or on a voyage to a port in Australia. Australian flagged ships are required to make such reports irrespective whether the ship is in Australian waters or not. A report must be submitted where:
- a member of the crew, a passenger or any other person carried on the ship gives birth to a child; or
- a member of the crew, a passenger or any other person carried on the ship dies; or
- a member of the crew, a passenger or any other person carried on the ship disappears; or
- a member of the crew suffers a hurt or injury, or contracts an illness, which incapacitates him or her from the performance of his or her duty.
Under Marine Orders 32 (Cargo Handling Equipment)
Section 9.2.2 of Marine Order Part 32 requires a report to be submitted for any incident involving breakage or failure of ship’s cargo gear or injury to any person on an Australian ship or on any other ship in Australian waters when engaged in cargo work. This applies to all ships in Australian waters.
Under Section 107 of the Occupational Health and Safety (Maritime Industry) Act 1993
For Australian ships on any voyage and Australian offshore industry units section 107 of the OH&S (MI) Act requires notification and reporting of:
- any accident that results in the death of, or serious personal injury to any person; or
- any accident that results in an employee being incapacitated from performing work for a period of five successive days or more; or
- a dangerous occurrence (i.e.: a near miss), which occurs at or near a workplace under the control of the operator.
More information on the Occupational Health and Safety Maritime Inspectorate can be found here