Overview

Operators of small unmanned autonomous vessels under 12m must apply for AMSA for specific exemption from a certificate of survey. 

This guidance outlines AMSA's compliance approach to considering these applications. Our approach is based on the Exemption 02 and Exemption 40 frameworks currently applied to conventional vessels operating out to C water limits. This will help designers, builders and owners prepare an exemption application and provide supporting documentation. 

Your exemption application should consider the matters outlined in this guidance. It is a guide and does not limit or replace a decision maker's discretion to grant, refuse or impose conditions on an exempion under s 143 of the National Law. 

Scope

This guidance applied to autonomous vessels which are: 

• less than 12 metres long
• non-passenger vessels (Class 2 vessel) or fishing vessels (Class 3 vessel) under the National Standards for Commercial Vessels (NSCV) Part B, and 
• only operational in the following areas:
  • operational area C
  • operational area D, or
  • operational area E. 

This guidance does not apply to autonomous vessels that:

• carry any persons whilst underway
• carry dangerous goods
• engage in vessel towage operations and are not set up for this purpose
• have an inboard engine which operates on fuel that has a flashpoint of less than 60°C, or
• operate at greater than 10 knots.

It is also generally expected vessels following this guidance will be supported by a rescue vessel, capable of assisting, reporting on or recovering the vessel within 6 hours.

Note vessels ≥ 12 metres in length, operating within ‘B’ waters or that do not fall within the parameters listed above are generally considered to be survey type vessels. Survey vessels are expected to be certified under the survey framework and to do so will either need to comply with the deemed to satisfy solutions or be assessed against the required outcomes of the NSCV in support of an equivalent solution. After which a certificate of survey may be sought. In extraordinary situations AMSA may consider exemptions from some survey requirements.

Definitions

Accredited Marine Surveyor - means a surveyor who is accredited in accordance with Part 3 of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013.

Exemption - means an exemption from a requirement of the National Law granted under section 143 of the National Law.

Certificate of Survey - means a certificate issued under section 38 of the National Law.

Competent person - means a person who has acquired through training, qualification/s or experience the knowledge and skills to carry out specific inspection tasks.

Conventional solution - a deemed to satisfy solution that meets required outcomes of the standards – see NSCV Part B. A conventional solution may vary depending on vessel use, operational area, speed and other performance factors considered by the standards.

Conventional vessel - a vessel that meets the requirements of the law (the NSCV required outcomes), by generally complying with the deemed to satisfy solutions. A conventional vessel’s design and arrangement of systems will vary depending on use, operational area, speed and other performance factors considered by the standards.

Equivalent means of compliance – means a proposed solution that is ‘at least as effective’ as compliance with the survey requirements or standards that apply to the vessel. Equivalent means of compliance are approved under Marine Order 503.

Recognised Organisation – means an organisation specified in schedule 1 of Marine Order 1 (Administration) 2013.

Unmanned Autonomous Vessel - a vessel that conducts autonomous operations without any persons on board in operation.

Manned Autonomous Vessel - a vessel that conducts autonomous operations with persons on board in operation, either in full or partial autonomy.

Guidance for unmanned autonomous Vessels under 12m long in C, D and E waters

This table sets out recommended areas of consideration for a specific exemption application. The extent and complexity of the application submitted may vary depending on the size, type, service category, operation and complexity of the unmanned autonomous vessel. Similar solutions providing an acceptable safety outcome may also be considered.

General notes

AMSA may impose condition on an exemption and may request additional information about the design documents, systems assumptions, and inspections carried out on an unmanned autonomous vessel.

For vessels operating in C waters, the person carrying out the review and inspection of an autonomous vessel should be an Accredited Marine Surveyor or Recognised Organisation.

In D or E waters, AMSA may accept submission from a competent person. 

How to submit your application

To apply for specific exemption please complete the online AMSA form 547.

Your application will be assessed against the national law criteria, the AMSA policy for exemptions, and the requirements outlined in this guidance document.

AMSA may enforce conditions on the exemption, including requirements for periodic inspection.

In general, AMSA may require an initial inspection, and an in- and out-of water periodic inspection, conducted within the three months before or the three months after each five-year anniversary of the vessel’s approval.

• For a vessel operating in C waters, the inspection should be done by an Accredited Marine Surveyor or recognised organisation.
• For a vessel operating only in D or E waters, AMSA may allow the inspection to be done by a competent person, or authorised person.
• The inspection will generally include:
  • a physical inspection of the vessel
  • verification of the ‘failure mode’ and ‘effect analysis’, operating manual, and maintenance and servicing manual, and
  • testing of the vessel or its equipment, unless the competent person considers it appropriate to rely instead upon third party documentation.

Note: Examples of third-party documentation includes CE certification for structural components and expert reports from automation system designers and manufacturers.

More information

Read more information about the operational requirements that apply to under the National Law Act.

MLC complaints data: 2016–2020

The MLC requires all vessels to have an on-board complaints procedure, allowing seafarers the opportunity to make complaints without concern or repercussion. The MLC also has provisions which gives rights to seafarers to make a complaint to the relevant port State authorities when they believe that their living and/or working conditions on board are below standard.

There has been a consistently increasing trend in the number of MLC complaints received by AMSA between 2016-2018. After a small drop in complaints in 2019, AMSA received a high number of complaints in 2020, double the number received in 2019. These complaints directly relate to the consequences of the COVID-19 pandemic (Figures 8 and 9 below show the breakdown of these complaints). 

There has been an overall increasing trend in complaints since 2016. In 2020 AMSA received a significantly high volume of complaints doubling that of 2019. This sharp increase was identified to be directly related to the impact of the COVID-19 pandemic.

The RAV, a bulk carrier had both complaints under MLC Title 4: Health protection, medical care, welfare, social security protection. Both complaints were resolved with no deficiencies issued.

AMSA received and processed a total of 1181 complaints since the
implementation of the MLC (August 2013)

When complaints are received by AMSA, all necessary actions are taken to ensure the confidentiality of the complainant. AMSA encourages resolution of complaints at shipboard level if appropriate. If a complaint can’t be resolved, AMSA has the jurisdiction to issue deficiencies and detain vessels. AMSA has also banned vessels from Australian ports for serious offences related to compliance with the MLC.

In 2020, AMSA received a total of 320 complaints. Follow up investigations resulted in 79 deficiencies being issued, with 16 vessels detained.

In 2020, 70% of complaints received were from
seafarers engaged on bulk carriers.

Figure 7 shows a breakdown of 2020 complaints received by the State in which the vessel arrived. Western Australia and Queensland represent the highest number of complaints (30% each) noting also that Western Australia represents the majority (29%) of vessel arrivals in Australia.

The main body of the MLC (the regulations and the code) is grouped into five main areas (titles) with the data coded accordingly.

Title 1 – Minimum requirements for seafarers to work on vessels
Title 2 – Conditions of employment
Title 3 – Accommodation, recreational facilities, food and catering
Title 4 – Health Protection, medical care, welfare and social security protection (including bullying and harassment)
Title 5 – Compliance and enforcement

Figure 8 categorises the complaints received according to the MLC titles2. The majority (80%) of complaints were related to Title 2 of the MLC; Conditions of employment. This includes seafarer employment agreements, wages, hours of work and rest, entitlement to leave, repatriation, seafarer compensation, manning levels and career development. The repatriation complaints due to COVID restrictions are captured under this title. 

Title 2 has consistently had the highest number of complaints since 2016 (see Table 2 for the 2016 to 2020 MLC categorised data).

Of the 464 complaints received between 2016 – 2019,
47% were related to issues involving wages. In 2020, while the number of wage complaints remained high, complaints relating to repatriation and seafarer employment agreements made up the majority of the 480 complaints received (41% and 40% respectively).

Of Title 2 complaints, wages have consistently made up the majority from 2016-2019 and the number of wage complaints remained high in 2020. However, the highest volume of complaints received in 2020 related to repatriation and seafarer employment agreements (41% and 40% respectively). This is likely due to the increasingly longer times served onboard and the difficulty faced with repatriation of seafarers during the COVID-19 pandemic. 

AMSA’s response to the COVID-19 pandemic repatriation challenges faced by seafarers

As a result, AMSA issued Marine Notice (MN) 04-2020 - Maximum period of shipboard service for seafarers during COVID-19 pandemic advising industry of AMSA’s stance on these issues. From 1 July 2020, AMSA limited maximum continuous periods of sea service without leave to 14 months, in the process ensuring that 

• all possible efforts had been exhausted to repatriate seafarers; 
• the seafarer willingly accepted the extension; and 
• there was a plan to repatriate the seafarer within one month. 

This Marine Notice resulted in an initial spike of seafarer complaints related to repatriation, which continued throughout the months of June-September 2020. On 16 November 2020, AMSA issued MN 10/2020, an update to MN 04/2020, extending the temporary arrangements for the maximum period of shipboard service for seafarers during COVID-19 pandemic until 28 February 2021. 

Between September–December 2020, the number of complaints related to repatriation declined significantly, which is a clear indication that AMSA’s approach of getting seafarers home to their loved ones for respite, improved the welfare of those serving at sea.

Complaints follow-up

AMSA endeavours to investigate all MLC complaints—and has done so—unless the vessel was out of area. In such cases, AMSA will place alerts on the vessel using an international database and make sure the complaint will be investigated when the vessel next arrives in Australia. In some cases we may refer the complaint to the flag State or port State of the vessel’s next arrival. In all cases we try to ensure the confidentiality of the complainant is maintained.

Figure 11 provides a breakdown of follow up actions undertaken as a result of all complaints with the majority (37.5%) resolved accordingly. 

320 complaints were received in 2020. Of these, 100% were actioned, many in close collaboration with seafarer welfare groups.

Figure 12 shows a breakdown of complaints by vessel flag State for 2020. These figures have been consistent since 2016, with the highest numbers of referred complaints received from the largest Flag States coming into Australian waters.

Figure 13 identifies the top ten countries that present the highest rates of complaints normalised3 by the Flag State visits.

The number of complaints originating directly from seafarers has increased across the years, reaching 56% in 2020.

This may be an indication of seafarer awareness of their rights under the MLC and the knowledge that Australia takes seafarer welfare seriously. Seafarers are therefore more confident that their concerns are taken seriously and treated confidentially when in Australia.

AMSA has a zero tolerance approach in relation to MLC breaches. Since 2016, a total of 12 vessels have been banned from using Australian ports for reasons that primarily include underpayment of wages under the MLC.

In 2020, four vessels were banned from Australian ports due to MLC breaches. All four vessels were found to have withheld payments or underpaid crew, with two also breaching standards for quantity and quality of food. These have been banned for a period of six to twelve months. A total of $405,000 in wages was recovered from vessels in 2020.

Since 2016, 12 vessels have been banned from Australian Waters due to MLC related detentions.

Footnotes:

¹The 2020 data includes two complaints received from a Registered Australian Vessel (RAV).

²In some cases more than one regulation has been detailed in a single complaint.

³Data is normalised to identify the complaint rate by flag population (in Australian waters) rather than an absolute value *excludes Flag States with port arrivals under 350

2020 – AC Sesoda

2020 – TW Hamburg

2020 – Agia Sofia

Port and flag State Control (FSC and PSC) are conducted in accordance with the International Maritime Organization’s (IMO) requirements. Primarily, compliance activity may involve issuing deficiencies or a detention (a prohibition on the ship being allowed to depart the port). 

Detentions, bans and associated public release of information, provide for an effective compliance tool to ensure corrective and timely action is undertaken by the vessel to continue to comply with regulatory requirements.

As part of the standard PSC and FSC inspection, AMSA examines compliance with the MLC. Where the inspection is undertaken in response to a complaint, the inspection will consider the specifics of that complaint as part of the inspection.

In 2020, AMSA conducted a total of
3108 PSC inspections resulting in 270 detentions.
18 of these detentions were directly related to breaches of the MLC.

Figure 15 shows the number of MLC deficiencies issued following PSC inspections. Overall, there has been a decreasing trend in MLC deficiencies since 2016. In 2020, however, we have seen a spike in the number of MLC deficiencies. This is due to a marked increase in deficiencies relating to conditions of employment and seafarer employment agreements as a result of repatriation issues due to the COVID-19 pandemic. 

Total number of MLC deficiencies issued per year including MLC deficiencies per inspection.

Figure 16 shows the number of PSC MLC related detentions per year. The number of detentions have been stable for the past few years, with the exception of a small drop in 2019. Wages consistently make up the largest percentage of detainable deficiencies each year.

Number of MLC related detentions per year.

Number of MLC deficiencies from all PSC deficiencies in 2020

Number of MLC detainable deficiencies from total PSC detainable deficiencies in 2020 

Breakdown of MLC deficiencies by ship type for 2020.

PSC deficiency data related to MLC issues

Figure 20 shows a breakdown of MLC deficiencies by MLC Title as well as whether the investigation was initiated as a result of a complaint or a PSC inspection. 

Regulation 4.3, dealing with health and safety protection and accident prevention, is the major deficiency item identified and is reflected in the number of Title 4 deficiencies below. While most complaints were related to Title 2 (conditions of employment, such as seafarer employment agreements and repatriation) (see Figure 9), PSC MLC deficiency data has identified that health and safety protection is the largest MLC deficiency item.

Title 1 – Minimum requirements for seafarers to work on vessels
Title 2 – Conditions of employment
Title 3 – Accommodation, recreational facilities, food and catering
Title 4 – Health Protection, medical care, welfare and social security protection (including bullying and harassment)
Title 5 – Compliance and enforcement 

Breakdown of deficiencies by MLC title for 2020 and what initiated investigation

FSC deficiency data related to MLC issues

Figure 21 shows a breakdown of MLC deficiencies by MLC Title as a result of Flag State Control inspections. 

In 2020, a total of 39 FSC inspections were carried out. 12 MLC deficiencies were issued across a total of 10 Regulated Australian Vessels (8 vessels with 1 deficiency + 2 vessels with 2 deficiencies).

Regulation 4.3, dealing with health and safety protection and accident prevention, is the major deficiency item identified and is reflected in the number of Title 4 deficiencies below. 

Breakdown of deficiencies by MLC title for 2020 following a FSC Inspection.

Conclusion

Seafarers usually work in a highly demanding, hazardous and stressful environment, with a range of possible negative effects on safety, physical health and mental health. In 2020 the COVID-19 pandemic added further challenges to seafarers’ work and life at sea. 

In particular, the repatriation process for seafarers during the COVID-19 pandemic faced unprecedented challenges. This crisis has never been experienced before. In Australia the situation became evident with seafarer complaints related repatriation peaking to an unprecedent level in July 2020. Our inspectors worked hard to ensure that seafarers rights continued to be upheld even during this crisis. Our focus through the issue of Marine Notice 04-2020 and 10/2020 - Maximum period of shipboard service for seafarers during COVID-19 pandemic was to ensure that all possible efforts had been exhausted to repatriate seafarers. The number of complaints related to repatriation declined significantly between September and December 2020, which is a clear indication that AMSA’s approach to getting seafarers home to their loved ones for respite, improved the welfare of those serving at sea. AMSA’s position on seafarer repatriation has had a significant impact on seafarer welfare and has been acknowledged nationally and internationally.

The information in this report continues to show that although port State control data points to health and safety protection and accident prevention as one of the major deficiency items under the MLC, the majority of complaints are related to conditions of employment.  This continues to be a concern with such situations the mental, physical and social well-being, which may reflect on the overall health, work engagement and safety of seafarers.

Australia will continue to play a leading role in ensuring seafarer welfare and that seafarers on vessels visiting our ports continue to be treated with the dignity they deserve.