Published on Australian Maritime Safety Authority (https://www.amsa.gov.au)

National Compliance Plan: 2024-25

The National Compliance Plan gives our regulated maritime industries and compliance partners insight into the compliance areas we will focus our efforts on during 2024-25.

Contents

Introduction

Introduction
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The National Compliance Plan gives our regulated communities and compliance partners insight into the compliance areas we will focus our efforts on during 2024-25. Outlining our priorities in advance will allow industry the opportunity to review their operations to ensure compliance with relevant legislation.

Our commitment is for a consistent, intelligence-led, and risk-based approach that underpins our compliance activities and allows for better collaboration. Our compliance program is informed by safety data and trends to ensure we focus on what matters and encourage voluntary compliance and continuous improvement, leading to improved safety outcomes.

We will be open, transparent, and accountable for our actions. We will report on our regulatory performance and where we have adjusted our focus, we will explain our reasons in the National Compliance Plan.

Detailed compliance performance reporting can be found in the following annual reports.

  • Inspections annual report
  • Maritime Labour Convention annual report
  • Marine Incidents annual report

The Australian Maritime Safety Authority (AMSA) is the national Commonwealth Government agency responsible for maritime safety, protection of the marine environment, and search and rescue.

© Commonwealth of Australia 2024

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Our regulatory approach

Our regulatory approach
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In undertaking our statutory role, we will ensure our compliance activities are risk-based, streamlined, and proportionate to the risks being managed.

We will apply a systems-safety approach to understand and address safety issues by considering all factors contributing to an incident. Our approach will examine and consider broader factors including on board conditions, environmental influences, organisational constraints, and other safety factors.

By using a data-driven approach we will ensure greater consistency in the collection, categorisation, and analysis of safety data. It will help to inform more effective, and integrated prevention activities to address safety issues of concern.

This approach involves:

  • Undertaking compliance assessments based on relevant information and intelligence analysis. 
  • Identifying current and emerging compliance risks. 
  • Developing innovative and targeted strategies to effectively address safety and compliance priorities. 
  • Implementing targeted strategies using a planned approach with clear goals and using the full range of tools available. 

AMSA is committed to continuous improvement, as part of best practice regulation. Our National Compliance Plan is periodically reviewed to ensure its efficiency and effectiveness.  Additionally, the National Compliance Plan is a key element in fostering continuous improvement in maritime safety.

Our compliance approach is underpinned by the principles in AMSA’s Compliance and Enforcement Policy, Compliance Strategy 2023-2027, and the Statement of Regulatory Approach 2022.

Compliance overview

Compliance overview
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AMSA monitors compliance through a range of activities designed to help us better understand compliance behaviour, encourage, and support voluntary compliance, deter non-compliance, and inform initiatives to support our compliance partners.

Activities include:

  • Inspections: Marine inspectors perform both scheduled and unscheduled inspections of vessels to ensure compliance with maritime laws for the safety of persons, vessels and protection of the environment. Vessel inspections also seek to detect systemic performance issues within the accredited surveyor scheme and other associated entities.
  • Communication and engagement: Based on safety data analysis that identify safety and compliance trends across industries, we utilise data from search and rescue incidents, marine incident reports, incident investigations, inspections, and audits. AMSA’s compliance activities may take the following form: 
    1. Education: This may include a combination of communication activities, production of guidance material and workshops.
    2. Safety compliance: A combination of education, focused inspections and audits. We will generally commence with an education campaign followed by focused inspections to identify and measure the level of compliance.
  • Compliance checks: Compliance checks and monitoring activities are combined with education programs. We have compliance partner arrangements with State and Territory agencies, across Australia. Monitoring activities can be undertaken with our compliance partners.

Focus areas for 2024-25

Focus areas for 2024-25
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Compliance focus areas for 2024-25 seek to improve compliance and maritime safety by analysing safety data1 to identify areas of concern. We will prioritise our compliance initiatives and allocate resources in the most efficient and effective way to achieve the best safety outcomes.

While these areas are our primary focus, we may direct our efforts to other areas in response to new data and emerging trends.

The trends and data analysis in each of the identified focus areas inform the risks and the actions we will take to improve safety outcomes.

Footnotes

1 Port and flag State control and domestic commercial vessel compliance issues are based on 2023 calendar year data.

Focus area 1: Port and flag State control

Focus area 1: Port and flag State control
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Risk Area 1.1: Unsafe and unseaworthy vessels

Port State control (PSC) inspection data showed an increase in both deficiency and detention rates between 2022 to 2023. Total detainable deficiencies increased from 220 in 2022 to 263 in 2023. The rate of deficiencies per inspection increased from 2.58 to 2.68. Total detentions increased by 21.4% (145 to 176). The detentions as a percentage of total inspections increased from 6.0% to 6.3%.

For flag State control (FSC) inspections there was an increase in the number of detainable deficiencies between 2022 (4) to 2023 (5)1. The rate of deficiencies per inspection also increased from 2.78 to 3.92. Detentions as a percentage of total inspections increased from 3.16% to 3.80%.

Actions

AMSA will continue to focus its inspection efforts on those vessels considered as higher risk coming to Australia based on a targeting algorithm.

AMSA will focus flag State control inspections on vessels that mainly undertake international voyages.

AMSA will conduct at least 2,400 port State control inspections based on vessel priority.

GroupTarget inspection rate
Foreign flagged vessels eligible for PSC inspectionMinimum of 2400 inspections
Regulated Australian vessels eligible for FSC inspection95%

Risk Area 1. 2: Maintenance and response – disabled vessels

There were 16 serious disablement incidents reported in 2023. Poor planned maintenance and inadequate emergency preparedness have been identified as issues.

Actions

AMSA will integrate this focus area into its annual inspection regime, with a particular focus on elements of the international Safety Management (ISM) code requirements. AMSA will also conduct safety education focusing prevention and emergency preparedness related to disabled vessels.

StepsActivityTimeframeTarget
ISM - Safety management system requirements- inspection focus on planned maintenance of critical systems (element 10), emergency preparedness response when vessel disabled (element 8), crew training and familiarisation in maintenance and response (element 6).InspectionIntegrated with Risk Area 1As part of risk area 1
Publish Safety Bulletin on prevention (planned maintenance) and emergency preparedness in relation to disabled vesselsEducational InformationQuarter 1Published as scheduled

Risk Area 1. 3: Maintenance – watertight integrity

There has been an increase in flooding incidents in 2023 with 6 of these categorised as serious. This continues to present a high risk in Australia with potentially fatal consequences and catastrophic impact to the environment.

Actions

AMSA will focus on elements of the ISM responsibility relating to maintenance with a specific focus on watertight integrity and ingress points. Hatch covers inspection and maintenance will be specifically targeted.

StepsActivityTimeframe
ISM - Safety management system requirements inspection focus; maintenance and inspections of hatch covers, watertight integrity and ingress points.InspectionIntegrated with Risk Area 1

Footnotes

1 The number of Regulated Australian vessels compared to foreign flagged vessels is low and may impact the overall analysis. Refer to the Annual Inspections Report for more details.

Focus area 2: Maritime Labour Convention

Focus area 2: Maritime Labour Convention
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Risk Area 2.1: Working conditions and practices – fatalities and serious injuries

Since the implementation of the Maritime Labour Convention, 2006 (MLC) AMSA has made a significant contribution to improving the living and working conditions of seafarers on vessels. We will continue to apply a zero-tolerance approach to breaches that compromise seafarer safety and welfare. We will continue to do our part to ensure seafarers on vessels visiting Australian ports are being afforded the requirements under the MLC1, including responding to, and encouraging, MLC-related complaints.

There were 72 serious injuries and one fatality (working aloft) reported in 2023. Safe working conditions and associated practices remain an issue on board vessels visiting Australia. AMSA will focus on Health and safety protection and accident prevention (Title 4) of the MLC.

Actions

AMSA will participate in the Tokyo Memorandum of Understanding joint Concentrated Inspection Campaign on conditions of employment from 1 September to 30 November 2024.

Additionally, AMSA will conduct safety education focusing on work health and safety conditions and practices specifically during maintenance activities on board vessels.

StepsActivityTimeframe
Conditions of Employment (MLC) Concentrated Inspection Campaign InspectionQuarter 1 and 2 
Publish Safety Bulletin on work health and safety (MLC) during maintenance activities on ships  Educational InformationQuarter 3

Footnotes

1 MLC complaint follow up is done either through an onboard inspection and/or via the flag State. AMSA will also continue to promote the use of the on-board complaints process.

Focus area 3: Domestic commercial vessels

Focus area 3: Domestic commercial vessels
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Risk Area 3.1: Domestic commercial vessel inspection targeting

AMSA employs a risk-based, targeted prioritisation model. The analysis of more comprehensive inspection data has allowed further refinement of risk profiles for targeting purpose.

Actions

AMSA will conduct at least 2,300 inspections of domestic commercial vessels based on vessel priority.1

GroupActivityTimeframeTarget
Higher risk domestic commercial vessels (Priority 1 and 2)InspectionOngoing60%
Lower risk domestic commercial (Priority 3 and 4)InspectionOngoing40%

Risk Area 3.2: Safe working practices – injury to crew and passengers

Marine Order 504 Phase 2 regulatory changes are linked to existing risk areas across the domestic commercial vesseL fleet. Phase 2 is expected to focus on changes to safety management system provisions, including simpler systems for smaller vessels, covering the following:

  • Fatigue management
  • Dangerous goods 
  • Emergency plans 
  • Simplified SMS
  • Stability risks

Actions

Marine Order 504 Phase 2 is scheduled for implementation in late 2024. This will involve an education campaign which covers the range of new regulatory requirements, but with particular focus placed on the new simplified SMS requirements for small vessels and simple operations. As these are new regulatory requirements, it is too early to implement a focused inspection campaign. 

StepsActivityTimeframe
Marine Order 504 Phase 2 education campaignEducationQuarter 1,2 and 3 (pending completion of consultation and revision)

Risk Area 3.3: Persons overboard, fatalities

Three (3) Operational fatalities occurred in 2023 (1 hire & drive, 1 passenger, 1 crew on a class 3). All vessels were less than 7.5 metres in length, and all involved persons overboard.

A Focused Inspection Campaign on lifejacket wear requirements conducted in Quarter 3 and 4 of 2023 and introduced as part of the phase 1 changes to Marine Order 504, showed that 46% of the inspected vessels could not identify when lifejackets must be worn. 44% did not identify lifejacket wear other than in an emergency.

Actions

There is a need for continued compliance focus on lifejacket wear and risk assessment requirements. A safety education campaign will be conducted to revisit the requirements.

StepsActivityTimeframeTarget
Education for life jacket wear requirements (primarily crew), as per Marine Order 504. Provide information on lifejacket wear on AMSA correspondence from MARSEducationQuarter 1 and 2 

Risk Area 3.4: Carriage of dangerous goods

Carriage of dangerous goods is a high-risk activity for domestic commercial vessels. As such, it has been incorporated into the requirements of MO504 phase 2. This risk area will provide an opportunity to collaborate with State Work Health and Safety (WHS) regulators. 

Actions

AMSA will publish safety information in collaboration with State WHS regulators focusing on the carriage of dangerous goods on domestic commercial vessels.

StepsActivityTimeframe
Publish safety information focusing on carriage of dangerous goods, including stowage, segregation and securing. EducationQuarter 4

Risk Area 3.5: Torres Strait and Top End: Safe vessel operations

AMSA will continue engagement with the Aboriginal and Torres Strait communities. As relationships are developed between AMSA and Aboriginal and Torres Strait Islander organisations, safety management system workshops will be offered to Indigenous stakeholder groups and vessel owner/operators.

This compliance priority is aligned with AMSA’s reconciliation vision and Reconciliation Action Plan.2

Actions

AMSA will conduct safety management safety education with Aboriginal and Torres Strait Islander domestic commercial vessel owners and operators including providing guidance on changes to operational safety requirements, including the implementation of Marine Order 504 phase 2 requirements.

StepsActivityTimeframe
Conduct simplified safety management system workshops.EducationOngoing

Risk Area 3.6: Poorly implemented safety management systems

Vessel operations represent a concerning proportion of serious and very serious marine incidents. A major contributing factor to these incidents is the quality of Safety Management System (SMS) implementation, including risk assessment, safety procedures, crew training and emergency drills.

Actions

AMSA will conduct operational monitoring on key areas of risk assessment, maintenance, crewing and emergency preparedness.

StepsActivityTimeframeTarget
Conduct operational monitoring of domestic commercial vessels.

Inspection

Ongoing

100

Risk Area 3.7: Pilot transfer operations

Pilot transfer operations present a niche maritime risk that involves a high level of consequence and a high level of complexity in interacting between a domestic commercial vessel (pilot launch) and a vessel requiring a pilot.

Actions

AMSA will conduct operational monitoring on domestic commercial vessel pilot launch operations.

StepsActivityTimeframeTarget
Conduct operational monitoring on pilot launch operators.InspectionQuarter 3 and 4Targeted vessels from each pilot launch operator.

Footnotes

1 AMSA continues to refine the domestic commercial vessel inspection targeting algorithm. Targets are guidance based on data from the time of publication and may change.

2 AMSA, Our Reconciliation Action Plans, AMSA website, 2023, accessed 17 April 2024.

Focus area 4: Environmental

Focus area 4: Environmental
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Risk Area 4.1: MARPOL Annex V (Garbage) – domestic commercial vessels

AMSA’s previous survey on DCV awareness and compliance with pollution prevention (garbage) requirements (MARPOL Annex V).1 highlighted a need to raise awareness of the regulations aimed at preventing both accidental pollution and pollution from vessel operations that apply to DCVs. This includes placard display, garbage management plans, garbage record books, discharge rules and procedures. The 2024/25 focus will be on MARPOL Annex V and the prevention of pollution by garbage from domestic commercial vessels.

Actions

AMSA will continue its education campaign on compliance with MARPOL V. Inspections on vessels between 100-400 GT will focus on MARPOL V compliance, including inspection of garbage record books and associated procedures.

StepsActivityTimeframeTarget
Provide education information during inspections ie leaflet or stickers.EducationOngoingNA

Footnotes

1AMSA, Focus on pollution prevention – domestic commercial vessel education campaign, AMSA website, 2023, accessed 6 June 2023.