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.

Past Compliance Summary - Focus Areas 2023-24

Past Compliance Summary - Focus Areas 2023-24
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Every year we undertake a range of planned and responsive activities to keep people safe and to protect the marine environment.

Compliance activities during the past year were conducted in accordance with the 2023-24 National Compliance Plan and focused on higher risk areas informed by safety data. 

A summary of our business-as-usual compliance activities can be found in the:

Our performance against the focus areas identified in the 2023-24 National Compliance Plan are detailed below.

2023-2024 focus area measured performance

FOCUS AREA 1: Port and flag State measured performance

Desired outcomePerformance measure2023/24 ResultsKey
Risk Area 1: Continue to focus inspection efforts on those vessels considered a higher risk to Australia.GroupTarget Inspection RateAchieved Inspection RateMet Target / On Track ✓✓✓
Foreign flagged vessels eligible for PSC inspectionMinimum of 2400 inspections2,546 inspections completed from the 2,400 annual targetMet Target / On Track ✓✓✓
RAVs eligible for FSC inspection95%92 FSC inspections from the 120 target (76.67%) achieved. AMSA completed 6 FSC inspections overseas. These took considerably more resources than a routine inspection.Within Threshold ✓✓
Risk Area 2: Fire safetyParticipate in the Tokyo MOU joint Concentrated Inspection Campaign on Fire Safety from 1 Sept to 30 Nov 2023.Quarter 2The Tokyo MOU CIC campaign commenced 1 September and concluded 30 November 2023.  A total of 636 Inspections completed.Met Target / On Track ✓✓✓
Risk Area 3: Planned maintenanceDevelop and publish education and guidance related to planned maintenance.OngoingEducation campaign was conducted from December 23 to June 24 through the use of social media. This included promoting the Marine Notice 10/2022—Planned maintenance on ships and Maritime Safety Awareness Bulletin 16—Planned maintenance.Met Target / On Track ✓✓✓
Risk Area 4: Regional safety focus (VIC): Verified gross mass measurement of containersContinue to engage with relevant stakeholders across the freight network for containers shipped through Victorian ports to further reduce errors.OngoingOngoing coordinated stakeholder approach with terminal operators, ship owners/operators, representatives and shipping lines underway.Met Target / On Track ✓✓✓

FOCUS AREA 2: Maritime Labour Convention measured performance 

Desired outcomePerformance measure2023/24 ResultsKey
Risk Area 1: Living and working conditionsDevelop and publish Safety bulletin on safe working conditions and practicesQuarter 1Published bulletin on 21 September 2023: Maritime Safety Awareness Bulletin issue 18—Safe working conditions and practices.Met Target / On Track ✓✓✓
Develop and publish Safety bulletin on Title 2: Conditions of employmentQuarter 3Published bulletin on 3 April 2024: Maritime Safety Awareness Bulletin issue 19 — Conditions of employment.  Met Target / On Track ✓✓✓

FOCUS AREA 3: Domestic Commercial Vessels measured performance

Desired outcomePerformance measure2023/24 ResultsKey
Risk Area 1: DCV Inspection targetingHigher risk domestic commercial vessel
(Priority 1 & 2)		60% of DCV Inspections869 (42.56% of DCV inspections). Greater focus will be needed in the future to target higher risk vessels.Within Threshold ✓✓
Lower risk domestic commercial vessel
(Priority 3 & 4)		40% of DCV Inspections1,239 (57.40% of DCV Inspections). Target achieved, however in the future greater emphasis will be placed on targeting higher risk vessels.Met Target / On Track ✓✓✓
Conduct at least 2,300 inspections of DCVs based on vessel priority.  2,3002,108 inspections (91.7%) completed of 2,300 annual target. Target has largely been achieved.Within Threshold ✓✓
Risk Area 2: Marine Order 504 (Certificates of operation and operation requirements – national law)Conduct an education campaign on Marine Order 504 changes
 		Quarter 1
Quarter 2		Education campaign was conducted during May-November 2023. The campaign included development of campaign hub, organic social media posts, AMSA update articles, targeted industry emails and a series of information sessions (online and face-to-face).Met Target / On Track ✓✓✓
Focused inspection campaign on lifejacket wear requirementsQuarter 2Published advice on focused inspection campaign in August 2023:  Focused inspection campaign—lifejacket risk assessment on DCVs. Focus inspection campaign completed on 30 November 2023 and 289 inspections carried out.Met Target / On Track ✓✓✓
Risk Area 3: Safe NavigationDevelop and publish education content focusing on safe navigation considerations in the safety management systemQuarter 2Educational content published on the AMSA website in March 2024: Navigation and anchor watch on domestic commercial vessels and  Navigational watchkeeping principles.Met Target / On Track ✓✓✓
Risk Area 4: Electrical (including battery) safetyDevelop and publish education campaign
 		Quarter 3Education content published on the AMSA website: Reducing the risk of electrical faults and fires and promoted through social media posts and publications.Met Target / On Track ✓✓✓
Risk Area 5: Reporting cultureDevelop and distribute material on reporting marine incidents targeting Class 3 and Class 4 vessels.OngoingMonthly DCV Incidents Report and Safety Lessons published on AMSA website. Social media campaign aimed to increase awareness incident reporting conducted throughout 2024.Met Target / On Track ✓✓✓
Risk Area 6: Regional NSW - Risk of hazardous gasesEducation campaign on risk of hazardous gases on Class 1 and Class 4 vessels in NSWQuarter 4Education content published on the AMSA website: Hazardous gases on vessels and promoted through social media posts and publications.Met Target / On Track ✓✓✓
Focused Inspection Campaign in NSWQuarter 4Campaign has been re-scheduled and will now commence in September-December 2024 to allow time for education and coincide with vessel activityWithin Threshold ✓✓
Risk Area 7: Regional QLD –Vessel adventure rides and experiencesEducation from data and industry insights for owners/masters and others operating vessel adventure rides and experiences.Quarter 2 Quarter 3Published the focused inspection campaign in October 2023:  Focused inspection campaign – Vessel adventure rides and experiences (amsa.gov.au). Guidelines published on the AMSA website: Safety guidelines for marine adventure tourism operators (amsa.gov.au) and New guidelines for marine adventure tourism operators (amsa.gov.au).Met Target / On Track ✓✓✓
Focused inspection campaign (NT, QLD and WA)5054 inspections were conducted. 7 FIC in the West region and 47 completed in the North with ongoing regional efforts and follow up.Met Target / On Track ✓✓✓
Risk Area 8: Regional Torres Strait & Top End -  Safe vessel operationsConduct safety management system and safety education workshopsQuarter 2 Quarter 3A number of workshops were carried out in the Torres Strait. Will review options to undertake further workshops in 24/25 FY.Met Target / On Track ✓✓✓
Risk Area 9: Survey instructionsSupport accredited surveyors through engagement and development of new instructions to surveyors.Quarter 1 to Quarter 3Conducted multiple consultation engagements with accredited marine surveyors (AMS) for new instructions, including co-development discussions at 23/24 AMSA workshops. ITS-22 Methods of inspections of foam buoyancy, hull voids and fuel tank compartments published.Met Target / On Track ✓✓✓
Risk area 10: NSCV C4 Fire safety and plan approval complianceConduct focused reviews of fire safety aspects during certification assessments. Improve structural fire protection and fixed fire system assessment and survey.
 		OngoingSince July last year, 21% of new certificate of survey applications (approximately 160) could not be processed on the first assessment due to issues with plan approval letters or fire system recommendations. Poor plan approvals caused more delays for applicants in the 23/24 FY than fire system issues, affecting around 120 applications. Fire safety issues held up approximately 40 applications. These issues, however, can also lead to more serious consequences, including the refusal of applications. When viewed through the lens of refusal, fire system issues are more likely to result in refusal for applicants 5% of fire system issues led to application refusals, compared to 1.6% of plan approval issues. Of the 5 total refusals for the 23/24 FY plan approval and fire system issues each account for 2 refusals. This means that 4 out of 5 certificate of survey refusals (80%) were due to these issues in the 23/24 FY. AMSA has observed an improvement in accredited marine surveyor (AMS) awareness and submission quality over the Focused Certification Campaign (FCC) period. Fire safety and plan approvals are being assessed as part of Certificate of Survey (CoS) assessments.Met Target / On Track ✓✓✓
 Conduct focused reviews of plan approval letter content during certification assessments. Educate industry on the need for clear and transparent design approval documentation.Ongoing

FOCUS AREA 4: Environmental measured performance

Desired outcomePerformance measure2023/24 ResultsKey
Risk Area 1:  MARPOL Annex V – Domestic commercial vesselsDevelop and publish education campaign on vessel sourced garbageOngoingEducation content published at Stop garbage pollution from domestic commercial vessels | Australian Maritime Safety Authority (amsa.gov.au) and promoted through social media posts and publications.Met Target / On Track ✓✓✓