Why report a marine incident?
Reporting marine incidents is an important part of ensuring vessel and people safety.
Reporting obligations imposed by Australian law include:
- Sections 185 and 186 of the Navigation Act 2012 (Navigation Act), which require either the owner or master of an applicable vessel to report certain marine incidents to AMSA.
- Sections 88 and 89 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, Schedule 1 (National Law), which require either the owner or master of a domestic commercial vessel involved in a specified marine incident to report the incident within the timeframes provided for by the National Law, to us or your local maritime agency. Note that compliance with reporting obligations arising under the Navigation Act will, in most, if not all cases, enable compliance with similar obligations arising under the National Law.
- Section 107 of the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act), which requires operators of prescribed ships or units (eg Australian ships, offshore industry units) on international or interstate voyages to report certain accidents and dangerous occurrences to AMSA.
- Section 18 of the Transport Safety Investigation Act 2003 (TSI Act), which requires a responsible person to report marine accidents and serious incidents to a nominated official as soon as possible. The completion and submission of an incident alert form 18 by a responsible person is sufficient to fulfill the obligation to report imposed under section 18 of the TSI Act.
- Other mandatory reporting requirements include requirements to report dangers to navigation and certain incidents involving people on board.
Heavy penalties can apply for not complying with these requirements. Individuals should review these provisions to determine their legal obligations regarding reporting.