General Structure

AMSA’s organisational structure consists of:

1. the AMSA Board, appointed by the Minister for Infrastructure, Transport and Regional Development, comprised of:
   (i) Chairperson
   (ii) Deputy Chairperson
   (iii) CEO
   (iv) a person occupying an office in the portfolio department; and
   (v) five other members.
2. the Executive team, and
3. five operational and service areas:
   (i) Operations Division
   (ii) Response Division
   (iii) Policy and Regulation Division
   (iv) Corporate Services Division; and
   (v) Future Operations Taskforce.

Australian Business Number

AMSA’s hold the ABN 65 377 938 320 number on the Australian Business Register.

AMSA does not own or control any other entities.

Registered office and locations

AMSA head office is 82 Northbourne Ave Braddon ACT 2612

AMSA has another 20 office locations across Australia.

Primary Role

AMSA is Australia’s national agency responsible for safety of commercial vessels and ships, preventing and responding to ship based marine pollution and marine search and rescue.

AMSA’s primary role is to:

• promote maritime safety and protection of the marine environment
• prevent and combat ship-sourced pollution in the marine environment
• provide infrastructure to support safe navigation in Australian waters
• provide a national search and rescue service to the maritime and aviation sectors
• provide, on request, services to the maritime industry on a commercial basis
• provide, on request, services of a maritime nature on a commercial basis to the Commonwealth and/or states and territories.

AMSA has a role in ensuring international conventions such as to the Safety of Life at Sea (SOLAS) and the Maritime Labour Convention (MLC) are maintained while international vessels are in Australian waters.

Employees and representatives

AMSA has approximately 454 employees, including a permanent representative in London, United Kingdom.

AMSA also delegates powers to officials within relevant State maritime agencies and police forces to enable compliance activities.

Countries of operation

While AMSA is primarily based in Australia and servicing Australia’s territorial waters, it also:

• conducts education and training campaigns within the Pacific region
• assists in regional search and rescue activities where requested; and
• is responsible for conducting flag State control inspections (Australian ships) in overseas ports; and

It has 21 offices throughout Australia.

Investments

AMSA has investments with several top credit rated banks to provide a ready source of income in the event of a major pollution incident.

AMSA’s Stakeholders

AMSA’s stakeholders include, but are not limited to:

• our regulated community - domestic commercial vessel industry, shipping industry and seafarers
• Maritime service providers and partners—including navigation, pollution response, maritime and aviation search and rescue and contractors
• Australian Government, state and territory governments and their agencies
• International maritime community; and
• the Australian community

Types of supply chains

AMSA’s supply chains are with various suppliers and specialists from Australia and internationally, including those with expertise in search and rescue, environmental emergencies, maintaining aids to navigation, and regulating domestic commercial vessels and international vessels entering Australian waters.

Control of supply chains

Supply chains are controlled with strict contracting arrangements as defined by the Commonwealth Procurement Rules.

Suppliers to AMSA are required to comply with any laws, statutes, regulations, by-laws, ordinances, or subordinate legislation.

Disclosures: AMSA contracts valued at or above AUD$400,000 (GST inclusive) are reported on AusTender: https://www.tenders.gov.au/.

AMSA contracts valued at or above AUD$100,000 (GST inclusive) are published on the AMSA website biannually as required under the Murray Motion: https://www.amsa.gov.au/about/reporting-and-accountability/tenders-and-contracts.

Major suppliers

Major services are listed in the table below. These services provide long term and stable supply, enabling AMSA to achieve its objectives.

AMSA’s operations and supply chains cross many industries and sectors from call centre labour hire to search and rescue operations, stationery to construction of Aids to Navigation (AtoNs). These industries and sectors have complex multi-tiered downstream supply chains that span various industries and countries.
AMSA has conducted a risk assessment on major contracts and supply chains. This assessment is based on the following risk matrix:

AMSA Risk Assessment

It is unlikely that AMSA’s current known and immediate supply chain has risks which meet the threshold for serious exploitation as defined by the Act.

Appendix 1 describes a list of modern slavery indicators which can be used to identify the risks of our major suppliers. They consider:

• Sector and industry risks
• Product and service
• Geographic risk
• Entity risks

The result of assessing the indicators and applying the Department of Home Affair’s Cause, Contribute and Linked (CCL) model is an internal risk and control table which AMSA will update as it improves its awareness and understanding of the risk of modern slavery.

AMSA acknowledges that:

• visibility of the risks of modern slavery practices in our full downstream supply chains is limited
• modern slavery risks to AMSA will change over time as operational requirements change and our understanding of our supply chains improves; and
• identified contracts/supply chains include a risk that there may be links to modern slavery further down the supply chain that are outside of AMSA’s control and that are not visible to AMSA.

Generic Controls

AMSA has a range of controls to ensure that where possible our suppliers do not contribute to the risk of modern slavery, including:

• inclusion of terms and conditions relating to modern slavery in AMSA request for tender (RFT) and evaluation documentation
• use of AMSA contract terms and conditions by preference identifying specific legislative compliance requirements
• utilising whole of government purchasing agreements and panels including Travel, Digital Marketplace and Fleet leasing
• specific onsite contract management and monitoring of major contracts; and
• specific thresholds established to determine appropriate levels of contract management

Due Diligence and Remediation Process

Where a risk of modern slavery is identified AMSA will continue to provide education to staff on any potential risks/impacts and possible controls. This may include closer due diligence over suppliers, any subcontractors and major suppliers.

AMSA continues to identify ongoing areas of concern to determine any specific areas that should be more closely monitored, including additional clauses in contracts and other procurement documentation as appropriate.

AMSA processes and procedures have helped to assess and identify any potential risks in our approaches to market, contracts and supply chains. Whilst no specific risks or issues have been identified, AMSA is confident that our controls ensure that there is a continued very low risk of modern slavery - and that where risks are present - they will be identified and mitigated.

AMSA has implemented two key actions - outlined in our first Modern slavery Statement:

Continuous improvement and future actions

AMSA:

• will identify occurrences of modern slavery through the specific clauses contained within Approach to Market documents (sourced through Department of Finance ‘Clausebank’). In addition, AMSA contract managers will continue to work with current providers to minimise any issues relating to modern slavery, supported by the Procurement Team
• is committed to providing ongoing procurement training sessions to relevant staff, including information on modern slavery
• maintains a list of potential risks in an internal modern slavery risk and control table, strengthening AMSA’s understanding of, and capacity to, address and mitigate modern slavery risks
• continues to review policies and procedures and consider amendments to include references to modern slavery, including procurement and contract templates
• will establish a mechanism within contracts to support confidential reporting of modern slavery risks and incidences in operations and supply chains
• will provide an approximate breakdown on the largest areas of expenditure, and specific actions implemented in these areas to address modern slavery; and
• will develop specific metrics to demonstrate our performance addressing occurrences of modern slavery and other harmful practices if required.

Sector and industry risks

Certain sectors and industries may have high modern slavery risks because of their characteristics, products and processes.

• Use of unskilled, temporary or seasonal labour.
• Use of short-term contracts and outsourcing.
• Use of foreign workers or temporary or unskilled labour to carry out functions which are not immediately visible because the work is undertaken at nighttime or in remote locations, such as security or cleaning.
• Use of child labour in hazardous conditions, such as underground, with dangerous machinery or tools, in unhealthy environments (including where they are exposed to physical or sexual abuse), or for long hours.
• Recruitment strategies by suppliers, their agents or labour hire agencies target specific individuals and groups from marginalised or disadvantaged communities.
• The sector involves direct engagement with children, including through orphanage tourism and other forms of ‘voluntourism’ (including through companies’ social investment and corporate social responsibility programs).

Product and services risks

Certain products and services may have high modern slavery risks because of the way they are produced, provided or used.

• Cost requirements or delivery timeframes might require suppliers to engage in excessive working hours, make cost savings on labour hire or rapidly increase workforce size.
• The development of the product or delivery of the services has been reported as involving labour exploitation by international organisations or NGOs.
• Children are often used in the development of the product or delivery of the service, such as carpet weaving.
• The product or components of the product are made in countries where there is a high risk of labour exploitation reported by international organisations or NGOs.
• The services are provided in countries where there is a high risk of labour exploitation reported by international organisations or NGOs.
• The product is made from materials or using services reported to involve a high risk of labour exploitation by international organisations or NGOs.

Geographic risks

Some countries may have higher risks of modern slavery, including due to poor governance, weak rule of law, conflict, migration flows and socioeconomic factors like poverty. Several organisations issue public reports evaluating governance, corruption and rule of law in countries around the world. You can use these reports to identify higher risk countries for modern slavery.

• The country has not ratified international conventions relevant to modern slavery, such as: the International Convention to Suppress the Slave Trade and Slavery (1926); ILO Convention (No. 29) concerning Forced or Compulsory Labour (1930); the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Practices similar to Slavery (1956); the Protocol to Supress, Prevent and Punish Trafficking in Persons, Especially Women and Children (2000); ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999).
• The country is reported to have a high prevalence of modern slavery or labour rights violations, other human rights violations and/or child labour by international organisations or NGOs.
• The country has inadequate protections for workers, including no or weak capacity to effectively monitor workplace standards and enforce compliance with national standards.
• Law enforcement agencies are reported to be hostile to workers in at risk industries.
• The country forces parts of the population to work for development purposes, for example to assist in construction or agriculture.
• The country is reported to have weak rule of law by international organisations or NGOs, including due to corruption, conflict and/or political instability.
• The country has a high prevalence of people who are vulnerable to exploitation because they are impoverished, displaced or subject to severe discrimination

Entity risks

Some entities may have particular modern slavery risks because they have poor governance structures, a record of treating workers poorly or a track record of human rights violations.

• Entity has previously been reported as noncompliant with human rights or labour standards, including by media or NGO sources.
• Entity’s procurement and sourcing processes appear poorly managed or inefficient.
• Entity has complex or opaque supply chains.
• Workers appear to have little information about workplace entitlements and protections and there is a general lack of information about workplace standards.
• Audit results for the entity appear unreliable or conflict with other sources of information about the supplier, such as NGO reports.
• Staff recruitment costs by labour hire companies or recruiters are not covered by the company, meaning that recruitment expenses such as travel may be improperly imposed on workers.
• Entity provides residential care for children overseas.

Indicators of modern slavery

A combination of these signs may indicate a person is in a situation of modern slavery and that further investigation and assessment is required. You should also consider that some groups may be at higher risk of being impacted by modern slavery, such as women and migrant workers. For example, women can be disproportionately impacted by modern slavery due to structural disadvantages, including lack of access to education.

he suspected victim or victims are:

• living at the workplace, or another place owned/controlled by their employer
• underpaid or not paid at all
• required to work excessive hours
• confined or isolated in the workplace or only leave at odd times
• guarded at work or in their accommodation
• isolated in remote locations that are difficult to access and/or restricted from contacting or interacting with people outside the workplace (for example, their phones are confiscated or they are supervised when in public)
• managed by an intermediary or third party who ‘holds’ or ‘invests’ their money for them
• subject to different or less favourable working conditions than other workers because of their country of origin, gender or other factors • unable to terminate their employment at any time appear to be servicing a debt to an employer or a third party (such as a recruitment agent)
• appear to be subjected to, or threatened with, violence, emotional, sexual, verbal or physical abuse and/or degrading treatment in connection with their employment
• appear to be subjected to intimidation, such as threats to their family or close relations in connection with their employment • appear to have false travel or personal documents and/or are not allowed access to these documents because they are being held by an employer or third party
• appear to have been deceived about the conditions of their employment
• are not provided with contracts in a language and format that they can easily understand
• are not informed of, or do not appear able to understand the terms and conditions of their employment
• are not provided with any protective equipment, training or means to refuse to participate in dangerous work practices, or refuse to handle known toxic materials or hazards
• do not have permission to work because they are from another country or appear to be working in breach of visa requirements.