Detention appeals and review processes

Ship owners, operators, Recognised Organisations (RO)⁵ and flag States all have the right to appeal against inspection outcomes and AMSA actively encourages these parties to appeal if they believe it is warranted. Appeals can be made through a number of different mechanisms and the master of a ship is advised of their right to appeal at the conclusion of each PSC inspection.

Masters are advised that the initial avenue for review is through a direct approach to the Manager Ship Inspection and Registration. This involves an examination of all information provided by the applicant and feedback from the attending AMSA Inspector to determine the merits of the case put forward. If an appellant is unsuccessful with this initial AMSA review, further appeal processes are available either by the flag State to the detention review panel of the Tokyo or Indian Ocean Memorandum of Understanding (MOU), or to the Australian Administrative Appeals Tribunal (AAT). 

During 2020, AMSA received 20 appeals against ship detention, with each undergoing a full review of all information provided. In one instance, upon review there was insufficient evidence to support the detention and the inspection was amended to expunge the detainable deficiency.

AMSA received eight appeals from ROs challenging the assignment of RO responsibility during the inspection process. AMSA accepted three of these challenges upon review and amended the inspection record accordingly. The remainder were rejected.

There was one appeal lodged against an AMSA inspection to the Detention Review Panel of the Tokyo MOU, during the reporting period. The review panel concluded that the AMSA detention was warranted.

There were three appeals lodged against AMSA inspections to the AAT, two of these were withdrawn by the applicants and one remains under review at the time of this report.

A full list of ships AMSA detained in 2020, can be found on the AMSA website.

Footnote:

^{5. RO can appeal the assignment of RO Responsibility for a detainable deficiency but not the detention itself.}