Certificate of competency grandfathering arrangements
If your domestic certificate of competency was valid on 30 June 2013, grandfathering arrangements may apply.
Grandfathering arrangements have been established to make sure conditions which applied to a certificate of competency on 30 June 2013—prior to the commencement of the National Law—continue to apply to that certificate. Marine Order 505 (Certificates of competency – national law) 2013 sets out the conditions which apply to a certificate of competency issued by a state or territory marine safety agency after the change to the national system.
Marine safety agencies are responsible for endorsements and/or restrictions placed on near coastal certificates in accordance with the following advice.
We have approved a number of endorsements which are listed in schedule 1 of the National Regulator Endorsements Approval 2014.
You can include a seafarer on a National Law certificate of competency if they meet one of the following conditions:
- The seafarer holds a state or territory issued certificate of competency which meets the conditions for endorsement
- The seafarer holds a state or territory issued certificate of competency which is not listed in schedule 1, but authorises them to perform an activity in Australia’s exclusive economic zone.
- The seafarer must provide details of the endorsement to us for our records.
If the seafarer holds an endorsement which is not in the approved list in schedule 1, you must seek our approval before adding the endorsement to a National Law certificate of competency.
To seek our approval, please send us:
- A certified copy of the seafarers existing certificate of competency
- Evidence of the prerequisites the seafarer fulfilled to receive the endorsement, including courses, training and sea service
- A recommendation for approval of the endorsement.
If the seafarer holds an endorsement which has been included as a duty for the relevant certificate under the National Standard for Commercial Vessels Part D, Crew Competencies (NSCV Part D), it may be discarded when you issue a National Law certificate of competency.
You can remove restrictions from a certificate of competency if the removal will not impact safety. If you are granting a certificate of competency restricted to a particular waterway that is equivalent to operating in sheltered waters, you should restrict the certificate of competency to sheltered waters nationally.
NSCV Part D requires that you remove the following restrictions when issuing a national law certificate of competency to a seafarer:
- a restriction to duties within a state or the Northern Territory or an area of a state or the Northern Territory
- a restriction to fishing.
For an old certificate, under AMSA EX25 Marine Safety (Old Certificates of Competency – Local Restrictions) Exemption 2016, you can remove a restriction that limits a seafarer to performing duties within a state or the Northern Territory or an area of a state or the Northern Territory, prior to the expiry of the certificate.
You must provide us with details of restrictions that are being grandfathered on national law certificates of competency for record keeping purposes.
Contact us about:
- first time approvals to add an endorsement to a certificate of competency
- notifications that an endorsement or restriction has been added to, or retained on, a certificate of competency.