Occupational Health and Safety Memorandum of Understanding between AMSA and State OHS Regulators

AMSA has developed memorandum of understanding, in consultation with the state OHS regulators, to provide consistency in the management of OHS issues on the waterfront.

The intention of the MOUs is to set out the guidelines under which each of the state OHS regulators and AMSA will respond to health and safety issues on ships and wharves in the relevant state.  The MOU intended to provide clarity on applications of relevant legislation and who has jurisdiction in different circumstances, and provides for mechanisms for determining responsibility where responsibility may be unclear.

Given that the shared legislative role in workplace safety, there may be instances where jurisdictional boundaries between a state OHS Regulator and AMSA are unclear, for example, some of the duties under the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act) are similar to the relevant State OHS Act. Another example is that jurisdictional issues may arise with respect to State based contractors, generally covered by the State OHS Act, working on ships to which the OHS(MI)Act applies.

Click here to download the Blank MOU template

AMSA currently has MOUs with the following states:

  • New South Wales - signed 16/3/2010;
  • Northern Territory - signed 16/3/2010;             
  • South Australia - signed 13/4/2010;
  • Victoria - signed 7/6/2010; and
  • Tasmania - signed 15/11/2010.

Note: Variations to the MOU template have been adopted by state authorities to identify relevant state legislation and ensure the requirements of the MOU align with the application of, and the definitions used in, that legislation

State Legislation Website

New South Wales – NSW WorkCover

Occupational Health and Safety Act 2000
Occupational Health and Safety Regulation 2001
Explosives Act 2003
Explosives Regulation 2005

http://www.workcover.nsw.gov.au

NSW Variations
  1. Definition for “Port Authority”
  2. Definition for “Regulatory Authority”
  3. Jurisdictional boundaries relevant to NSW legislation

South Australia – SafeWork SA

Occupational Health, Safety and Welfare Act 1986
Occupational Health, Safety and Welfare Regulations 1995
Dangerous Substances Act 1979
Dangerous Substances Regulations 2002
Explosives Act 1936
Explosives Regulations 1996
Explosives (Security Sensitive Substances) Regulations 2006
Explosives (Fireworks) Regulations 2001

http://www.safework.sa.gov.au/

SA Variations
  1. Jurisdictional boundaries relevant to SA legislation

Northern Territory – NT WorkSafe

Workplace Health and Safety Act 2007
Dangerous Goods Act
Dangerous Goods (Road and Rail Transport) Act
Radioactive Ores and Concentrates (Packaging and Transport) Act

http://www.worksafe.nt.gov.au

NT Variations
  1. Jurisdictional boundaries relevant to NT legislation

Victoria –
WorkSafe Victoria

Occupational Health and Safety Act 2004 (VIC) and its regulations
Dangerous Goods Act 1985 (VIC) and its regulations
The Equipment (Public Safety) Act 1994 and its regulations

http://www.worksafe.vic.gov.au

VIC Variations
  1. Jurisdictional boundaries relevant to VIC legislation
  2. Additional privacy references specific to VIC legislative requirements
  3. References to “shared” or “concurrent” jurisdiction and how parties will be contacted in this scenario.
  4. Definition for “Regulatory Authority”
Tasmania–
Workplace Standards Tasmania 		Workplace Health and Safety Act 1995
Dangerous Substances (Safe Handling) Act 2005
 http://www.wst.tas.gov.au/
TAS Variations
  1. Jurisdictional boundaries relevant to TAS legislation

If you wish to obtain or view a version of the signed copy relevant to each state, please contact your relevant OHS regulator as they may be able to make this available.

 

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