What are my reporting obligations

Reporting obligations of owners and masters of domestic commercial vessels (DCV)

Under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, the owner or master of a DCV must report a marine incident that has affected, or is likely to affect, the safety, operation or seaworthiness of the vessel.

A preliminary report must be made to AMSA within 4 hours after the master/owner becomes aware of the incident, and by using the incident alert form 18.

An additional detailed report must then be made to AMSA within 72 hours after the master/owner becomes aware of the incident, and by using the incident report form 19.

Marine incidents involving the death or loss of, or serious injury to persons, or loss of vessels, significant damage to vessels or loss of cargo from a vessel

Under the Navigation Act, the owner or master of a DCV must make the reports mentioned below, if the DCV is involved in, or causes, a marine incident that involves one or more of the following:

1. the death of a person
2. serious injury to a person
3. the loss of a vessel
4. the loss of a person from the vessel
5. significant damage to a vessel
6. loss of cargo of a vessel.

Preliminary report

A preliminary report must be made to AMSA within 4 hours after the master/owner becomes aware of the incident. Such a report may be made using the incident alert form 18.

Detailed report

An additional detailed report must then be made to AMSA within 72 hours after the master/owner becomes aware of the incident. Such a report may be made using the incident report form 19.

Compliance with reporting obligations arising under the Navigation Act will, in most, if not all cases, enable a person to comply with similar obligations arising under the National Law.

A marine incident means any of the following:

(a) a death of, or injury to, a person associated with the operation or navigation of a vessel

(b) the loss or presumed loss of a vessel

(c) a collision of a vessel with another vessel

(d) a collision by a vessel with an object

(e) the grounding, sinking, flooding or capsizing of a vessel

(f) a fire on board a vessel

(g) a loss of stability of a vessel that affects the safety of the vessel

(h) the structural failure of a vessel

(i) a close quarters situation

(j) an event that results in, or could have resulted in:

• the death of, or injury to, a person on board a vessel
• the loss of a person from a vessel
• a vessel becoming disabled and requiring assistance

(k) the fouling or damaging by a vessel of:

• any pipeline or submarine cable
• any aid to navigation

(l) other incidents that are prescribed by the regulations and involving a vessel, for example, the failure in operation of a component of material handling equipment, whether or not a person is injured because of the failure.

All other marine incidents involving a domestic commercial vessel must be reported by the owner or master in writing to AMSA (or any delegate of AMSA) within 72 hours of the owner/master becoming aware of the incident, and by using the incident report form 19.

If you decide to report the incident to a delegate of AMSA, a marine incident report form is available on their website. See the marine safety agencies page.

Further, the operator of a domestic commercial vessel may in certain circumstances have reporting obligations under the Occupational Health and Safety (Maritime Industry) Act 1993, (particularly where the vessel is undertaking an interstate voyage) or under the Transport Safety Investigation (TSI) Act 2003.  See the headings below for more information on those reporting obligations

Dangers to navigation

The master of a DCV is required to report any serious danger to navigation.  A report of dangers to navigation must be made by the master where:

• The master meets with, or is informed of, any serious danger to navigation on or near his or her course
• A serious danger to navigation includes, but is not limited to any of the following:
  • dangerous ice
  • a dangerous derelict
  • a tropical storm
  • sub-freezing air temperature associated with gale force winds causing severe ice accretion on superstructures
  • winds of force 10 on the Beaufort scale for which no storm warning has been received.

The master must make the report at the earliest practicable time, by both:

• sending out to vessels in the vicinity, by all means of communication available, the safety signal and danger message prescribed in Marine Order 27 (Safety of navigation and radio equipment) 2016
• making a report to, for a vessel in NAVAREA X — the Rescue Coordination Centre Australia; or for a vessel outside NAVAREA X  — the Coordinator for the NAVAREA

Reporting obligations of owners and masters of regulated Australian vessels

Under the Navigation Act, the owner or master of a RAV must report a marine incident that has affected, or is likely to affect, the safety, operation or seaworthiness of the vessel.

A preliminary report must be made to AMSA within 4 hours after the master/owner becomes aware of the incident, and by using the incident alert form 18.

An additional detailed report must then be made to AMSA within 72 hours after the master/owner becomes aware of the incident, and by using the incident report form 19.

Marine incidents involving the death or loss of, or serious injury to persons, or loss of vessels, significant damage to vessels or loss of cargo from a vessel.

Under the Navigation Act, the owner or master of a RAV must make the reports mentioned below, if the RAV is involved in, or causes, a marine incident that involves:

1. the death of a person
2. serious injury to a person
3. the loss of a vessel
4. the loss of a person from the vessel
5. significant damage to a vessel
6. loss of cargo of a vessel.

Preliminary report

A preliminary report must be made to AMSA within 4 hours after the master/owner becomes aware of the incident. Such a report may be made using the incident alert form 18.

Detailed report

An additional detailed report must then be made to AMSA within 72 hours after the master/owner becomes aware of the incident. Such a report may be made using the incident report form 19.

A marine incident means any of the following:

(a) a death of, or injury to, a person associated with the operation or navigation of a vessel

(b) the loss or presumed loss of a vessel

(c) a collision of a vessel with another vessel

(d) a collision by a vessel with an object

(e) the grounding, sinking, flooding or capsizing of a vessel

(f) a fire on board a vessel

(g) a loss of stability of a vessel that affects the safety of the vessel

(h) the structural failure of a vessel

(i) a close quarters situation

(j) an event that results in, or could have resulted in:

• the death of, or injury to, a person on board a vessel
• the loss of a person from a vessel
• a vessel becoming disabled and requiring assistance

(k) the fouling or damaging by a vessel of:

• any pipeline or submarine cable
• any aid to navigation

(l) other incidents that are prescribed by the regulations and involving a vessel, for example, the failure in operation of a component of material handling equipment, whether or not a person is injured because of the failure.

Incidents involving persons on board (such as births, deaths, etc)

If a person on the vessel gives birth, dies or disappears, or a seafarer is injured or contracts an illness that incapacitates him or her from the performance of his or her duty, the master of a RAV must:

• record the incident in the vessel’s official logbook
• give a written report as soon as practicable.

Dangers to navigation

The master of a RAV is required to report any serious danger to navigation.  A report of dangers to navigation must be made by the master where:

• The master meets with, or is informed of, any serious danger to navigation on or near his or her course
• A serious danger to navigation includes, but is not limited to any of the following:
  • dangerous ice
  • a dangerous derelict
  • a tropical storm
  • sub-freezing air temperature associated with gale force winds causing severe ice accretion on superstructures
  • winds of force 10 on the Beaufort scale for which no storm warning has been received.

The master must make the report at the earliest practicable time, by both:

• sending out to vessels in the vicinity, by all means of communication available, the safety signal and danger message prescribed in Marine Order 27 (Safety of navigation and radio equipment) 2016
• making a report to, for a vessel in NAVAREA X — the Rescue Coordination Centre Australia; or for a vessel outside NAVAREA X  — the Coordinator for the NAVAREA the vessel is in.

The operator of a regulated Australian may in certain circumstances have reporting obligations under the Occupational Health and Safety (Maritime Industry) Act 1993, or under the Transport Safety Investigation (TSI) Act 2003. See the headings below for more information on those reporting obligations.

Reporting obligations of owners and masters of foreign vessels

The Navigation Act imposes reporting obligations on the master and owner of foreign vessels in certain circumstances, where the foreign vessel is:

• in an Australian port
• entering or leaving an Australian port
• in the internal waters of Australia
• or in the territorial sea of Australia (other than when on innocent passage).

Marine incidents affecting the safety, operation or seaworthiness of a foreign vessel

Under the Navigation Act, the owner or master of a foreign vessel must report a marine incident that has affected, or is likely to affect, the safety, operation or seaworthiness of the vessel.

A preliminary report must be made to AMSA within 4 hours after the master/owner becomes aware of the incident, and by using the incident alert form 18.

An additional detailed report must then be made to AMSA within 72 hours after the master/owner becomes aware of the incident, and by using the incident report form 19.

Marine incidents involving the death or loss of, or serious injury to persons, or loss of vessels, significant damage to vessels or loss of cargo from a vessel.

Under the Navigation Act, the owner or master of a foreign vessel must make the reports mentioned below, if the foreign vessel is involved in, or causes, a marine incident that involves:

1. the death of a person
2. serious injury to a person
3. the loss of a vessel
4. the loss of a person from the vessel
5. significant damage to a vessel
6. loss of cargo of a vessel.

Preliminary report

A preliminary report must be made to AMSA within 4 hours after the master/owner becomes aware of the incident. Such a report may be made using the incident alert form 18.

Detailed report

An additional detailed report must then be made to AMSA within 72 hours after the master/owner becomes aware of the incident. Such a report may be made using the incident report form 19.

A marine incident means any of the following:

(a) a death of, or injury to, a person associated with the operation or navigation of a vessel

(b) the loss or presumed loss of a vessel

(c) a collision of a vessel with another vessel

(d) a collision by a vessel with an object

(e) the grounding, sinking, flooding or capsizing of a vessel

(f) a fire on board a vessel

(g) a loss of stability of a vessel that affects the safety of the vessel

(h) the structural failure of a vessel

(i) a close quarters situation

(j) an event that results in, or could have resulted in:

• the death of, or injury to, a person on board a vessel
• the loss of a person from a vessel
• a vessel becoming disabled and requiring assistance

(k) the fouling or damaging by a vessel of:

• any pipeline or submarine cable
• any aid to navigation

(l) other incidents that are prescribed by the regulations and involving a vessel, for example, the failure in operation of a component of material handling equipment, whether or not a person is injured because of the failure.

Dangers to navigation

The master of a foreign vessel in the circumstances described above is required to report any serious danger to navigation.  A report of dangers to navigation must be made by the master where:

• The master meets with, or is informed of, any serious danger to navigation on or near his or her course
• A serious danger to navigation includes, but is not limited to any of the following:
  • dangerous ice
  • a dangerous derelict
  • a tropical storm
  • sub-freezing air temperature associated with gale force winds causing severe ice accretion on superstructures
  • winds of force 10 on the Beaufort scale for which no storm warning has been received.

The master must make the report at the earliest practicable time, by both:

• sending out to vessels in the vicinity, by all means of communication available, the safety signal and danger message prescribed in Marine Order 27 (Safety of navigation and radio equipment) 2016
• making a report to, for a vessel in NAVAREA X — the Rescue Coordination Centre Australia; or for a vessel outside NAVAREA X  — the Coordinator for the NAVAREA the vessel is in.