What's changed
This marine notice supersedes 2024/07. It has been updated to advise that:
- the possibility of an AMSA port State control (PSC) inspection is not a reason to delay, restrict or deny shore leave
- if crew members are ashore while AMSA conducts a PSC inspection, this will not, in itself, result in any adverse action being taken against the vessel.
Guidance for
- Ship operators
- Masters
Purpose
This marine notice is to remind companies, owners and masters of ships of the requirement under the Maritime Labour Convention 2006 (MLC, 2006) for shore leave, which states that, 'Seafarers shall be granted shore leave to benefit their health and wellbeing and consistent with the operational requirements of their positions'. (MLC, 2006, Regulation 2.4, Paragraph2).
This requirement is implemented in Australian law in the Navigation Act 2012 and Marine Order 11 – Living and working conditions on vessels.
Company responsibilities
Companies are responsible for seafarer health, safety and wellbeing. Shore leave and access to shore-based welfare facilities are key to seafarer physical and mental health and reduce the risk of fatigue.
AMSA expects that companies strongly consider the benefits to seafarer wellbeing and recovery when assessing the risks of allowing shore leave. AMSA reminds companies that the decision to grant shore leave should not be based on financial implications.
Shore leave
If a company is advised that shore leave is not possible by a shoreside authority in Australia, this information should be provided to AMSA to investigate as the competent authority.
While it is recognised that there are risks with communicable diseases that cannot be eliminated entirely, there are suitable and acceptable controls that can be put in place to allow seafarers to access shore leave safely.
A list of Port Welfare Committees and Australian welfare providers can be found on the Australian Seafarers Welfare Council website.
Non-compliance
Masters and operators should not use port State control (PSC) inspections as a reason to delay, restrict or deny shore leave. Should AMSA attend a vessel to conduct a PSC inspection while crew members are ashore, this will not, in itself, result in any adverse action being taken against the vessel.
AMSA port State control officers may take action when there are clear grounds to believe the master or officers in charge of ships have not complied with the requirements as set out in the MLC 2006, for seafarers to access shore leave.