Published on Australian Maritime Safety Authority (https://www.amsa.gov.au)
Due to the unique nature of emergency service operations, exemption 24 provides a tailored approach to balance the risks and conditions associated with these operation types.
The proposed changes were drafted in consultation with key representatives across the sector to:
The feedback received during the consultation was generally supportive of the changes.
The updated exemption 24 will commence on 1 July 2025.
8 October to 2 December 2024
AMSA received a total of 31 submissions.
The submissions included opinions, comments and some recommended changes. Most submissions were from VMR organisations and their volunteers.
Marine Safety (Emergency services vessels) exemption 2020 (exemption 24) provides alternative crewing and survey arrangements for vessels operated by volunteer marine rescue (VMR), fire service organisations (FSO) and other emergency service organisations (ESOs).
The exemption has been in place since 2016 and this review has provided an opportunity to remove obsolete provisions, clarify permitted activities, ensure the policy and content remains fit for purpose and to simplify the emergency service arrangements.
The commencement date of the revised exemption 24 is 1 July 2025.
The key proposed changes to exemption 24 include:
The proposed exemption 24 only covers crew competency requirements. Vessels are subject to the same requirements as other domestic commercial vessels and must be fit for purpose and appropriately certified for their operations.
The proposed changes to exemption 24 were drafted in collaboration with an industry reference group consisting of key representatives from the National Volunteer Marine Search and Rescue Committee (NVMSARC). External consultation for exemption 24 was open from 8 October 2024 and closed 2 December 2024.
AMSA published the draft exemption and a summary of the proposed changes on the AMSA consultation hub. Stakeholders were encouraged to provide a submission through the online submission form, via email or by contacting AMSA Connect.
The consultation was promoted through a news article posted on the AMSA website and through the October 2024 edition of the ‘AMSA update’ newsletter. A targeted direct email was sent to 138 known emergency service vessel contacts. Feedback to the consultation was also encouraged through AMSA’s social media channels including Facebook and LinkedIn.
AMSA raised awareness of the consultation process through its regular stakeholder engagement activities, including through the National Safety Committee and the Regional Safety Committee forums.
AMSA received a total of 31 submissions during the consultation period, which included over 100 comments. Most submissions were received from VMR organisations or their volunteers.
This change intends to create one set of arrangements for all emergency volunteers, providing consistency and setting out appropriate allowances. This will be particularly beneficial for remote areas operations whose volunteer crew can work across multiple agencies and will be able to apply a single set of rules.
Outcome: AMSA intends to proceed with this amendment. This will be supported by guidance material to clarify that the exemption only applies to certificate of competency requirements. Other National Law requirements must be adhered to including implementing and maintaining a safety management system (SMS).
AMSA does not intend to extend exemption 24 to other emergency service organisations. Government organisations are required to adhere to the general National Law requirements.
Currently, emergency services authorities (other than VMR or FSO) need to apply through form AMSA 792 for approval if they wish to operate vessels under exemption 24. Under the proposed changes, a broader number of organisations will be able to use the exemption automatically and AMSA 792 will be removed. Any non-volunteer organisations or individuals not covered by the exemption would need to meet the National Law crewing requirements or, if applicable, apply for a specific exemption (SPEX).
Outcome: AMSA intends to proceed with this amendment. This aligns with the general intent of the National Law, where government, commercial and certain prescribed activities should comply with the National Law requirements.
Exemption 24 currently permits search and rescue (SAR) and associated activities and GST-free commercial activities in accordance with the A New Tax System Act. The reference to GST-free commercial activities has led to confusion and inconsistent interpretation.
This review has sought to provide a simpler approach to identifying activities that may be conducted under the exemption and proposes to realign the instrument with its primary intent of facilitating emergency response.
The purpose of exemption 24 is to assist volunteer organisations to provide community emergency services. Under the current exemption, SAR activities cannot be conducted for compensation. The proposed changes apply this to all activities performed under exemption 24.
Outcome: AMSA intends to retain the requirement for activities to be conducted without consideration. It is not intended to restrict VMR or ESOs ability to accept donations after a rescue. The exemption is also not intended to interfere with government funding of the organisation, which AMSA acknowledges may be linked to a services agreement or to a reimbursement model.
Commercial operations may be undertaken, provided the crew meet general National Law competency requirements, and the vessel is appropriately certified and meets all other requirements in line with the activity.
These positions will be clarified in guidance to remove any ambiguity.
The changes clarify that eligible vessels can conduct search, recue, emergency or disaster or response activities, firefighting, mitigate threats to public safety, and other incidental activities under the exemption. This proposes to realign the instrument’s activities with the primary intent of facilitating emergency response. Commercial services will need to be conducted in accordance with the general National Law requirements.
Outcome: AMSA intends to retain the limitations on commercial activities. Providing recreational boat licence training for a fee to members of the public and the hiring of a vessel for passengers to scatter ashes are both considered commercial activities.
Commercial activities can be conducted by organisations providing the relevant National Law requirements for the vessel, operation and crew are met.
Patient transfers are also considered a commercial activity, unless there is a likelihood of developing into an emergency/urgent situation without emergency services intervention.
Rescue crews will need to make decisions on a case-by-case basis as to whether an operation is considered a permitted activity and be accountable for those decisions. The decision should take a number of factors into consideration to determine the urgency of the situation, including the availability of other public or commercial services and the remoteness of the location.
Whilst operating under exemption 24, an ESO, FSO or VMR cannot undertake an activity that is not in alignment with the permitted activities, regardless of the agency requesting the service (e.g. police or ambulance).
The proposed exemption 24 allows for emergency towing but not for other towing activities such as salvage operations or towing for convenience.
Outcome: AMSA intends to retain the restriction on towing activities to only emergency/urgent situations. Towing activities pose unique risks. Additional guidance will be provided, including scenarios, to improve understanding of what is considered emergency/urgent towing to inform effective decision making.
Guidance will include resources for operators, including a risk assessment resource for towing.
The proposed exemption was drafted to provide sufficient flexibility to facilitate differing state and territory governance/vessel ownership arrangements and to provide greater flexibility on who can conduct the required training.
Outcome: AMSA intends to retain these associated changes and recognises that there is a wide range of governance arrangements from state to state. Exemption 24 seeks to facilitate the range of volunteer emergency operations while ensuring the safety of volunteers and rescued persons. The exemption provides significant flexibility for organisations in order for them to achieve appropriate safety outcomes to that of the National Law requirements.
The proposed changes include additional units of competency for Masters operating vessels 12 - 24m in length due to the increased complexity of the machinery, ancillary and auxiliary equipment. Operators will have until 1 July 2026 to train and upskill existing and new crew. If relevant, individuals certified by a VMR organisation as competent to operate the vessel prior to 1 July 2018, will be able to continue to perform duties in accordance with the initial certification.
Outcome: AMSA intends to proceed with the proposed amendments. These changes represent an important distinction between smaller and larger vessels that is not addressed in the current exemption 24. The proposed exemption provides minimum requirements; organisations may elect to go above and beyond the requirements. AMSA considers changes to operational limitations are not needed at this time.
The proposed changes to minimum radio requirements better align the requirements with the general National Law competencies and the vessel’s equipment. Changes include removing radio requirements for the crew or deckhand category and additional flexibility to hold a short-range operator certificate of proficiency (SROCP) rather than a long-range operator certificate of proficiency (LROCP) for other categories.
Outcome: AMSA intends to proceed with the changes to the radio requirements. Vessels operating under exemption 24 will still need to comply with Marine Order 504 (Certificates of operation and operational requirements – National Law) 2018 (MO504). This requires vessels to develop an emergency plan outlining procedures for responding to master incapacitation (MO504 s 8(3)(d)). In alignment with the requirements of MO504, operators need to assess risk to determine the need for other requirements including the necessity for additional crew to hold relevant radio proficiencies.
The guidance will be amended to refer to adequate training to ensure competency on additional communications equipment (as opposed to ‘being qualified’).
The proposed exemption allows an ESO to use volunteers of other organisations who are authorised under exemption 24. There was clear support for enabling the sharing of crew between emergency organisations.
Outcome: AMSA intends to proceed with the changes to make it easier to share crew between emergency organisations. AMSA intends to include a note in the exemption to clarify cross-crewing during multi-agency exercises and the requirement for operators to ensure shared crew meet exemption 24 crewing requirements before allowing other crew to operate their vessels.
Importantly, MO504 still applies, which requires the operator to ensure all crew are appropriately inducted in key onboard operations. The operator is also required to ensure systems are in place to establish, maintain and verify the competence and capacity of crew to safely conduct assigned duties. This includes emergency procedures to establish, maintain and verify the ability of crew to respond rapidly and effectively in an emergency and to follow the emergency plan.
This change was to allow the exemption to apply to a small number of individuals who did not fall under the surf lifesaving carveout under the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013. This was to formalise an existing specific exemption that has been in place for several years for council-owned surf lifesaving PWC crew.
Outcome: AMSA does not intend to proceed with this change. AMSA agrees that relevant exemptions for surf lifesaving vessels should remain within specific exemptions. Council-owned vessels with paid lifeguards do not sufficiently align with the intention that exemption 24 applies to volunteer emergency service organisations and their volunteers. AMSA intends to remove the reference to surf lifesaving vessels from the draft instrument.
The existing provisions exempting vessels from certificate of survey requirements are considered unnecessary due to recent changes to the DCV survey regime. Feedback was supportive of removing the certificate of survey requirements from exemption 24 and the specific VMR and fire services provisions from exemption 02. The general exemption 02 provisions are available to these groups.
Outcome: AMSA intends to proceed with this change and notes that exemption 24 vessels already meet the same requirements as other DCVs. The amendments do not change transitional or grandfathering vessel arrangements. Any operations involving the carriage of passengers can only be performed by a vessel that is approved to carry passengers.
Several State VMR organisations have been experiencing issues with the existing exemption’s validated trainer and assessor requirements. In discussion with the exemption 24 industry working group, the following alternative approach is intended to be included within the proposed exemption for organisations who are not registered training organisations (RTOs).
Outcome: AMSA intends to include the above proposal within exemption 24.
Outcome: AMSA does not intend to introduce minimum sea time requirements for ESO crew. This addition may have unintended consequences and be difficult to implement due to crew potentially only having recreational experience or minimal commercial boating experience. It is the ESO’s responsibility to ensure crew are trained and competent to perform their assigned duties as per exemption 24 and MO504.
Outcome: AMSA intends to reintroduce an auditing provision to ensure there is a clear mechanism to provide AMSA with assurance over the standards of training being provided.
Outcome: AMSA intends to proceed with this change.
The following suggestions were out of scope of the exemption 24 changes.
It was suggested that it be easier for individuals that hold an associated trade qualification to get a MED qualification.
Response: The eligibility requirements for MED qualifications are outside the scope of the review.
One submission requested a limit on the fuel carried by vessels to reduce intentional fuel exhaustion and abuse of the volunteer no-fee service. Another requested vessels be authorised to carry fuel to assist vessels who have run dry to avoid the higher risk activity of towing or to avoid multiple trips for refuelling.
Response: Exemption 24 does not seek to change the design and construction standards that apply to a DCV. Emergency service vessels may use exemption 02, exemption 40 or hold a certificate of survey.
Regardless of the type of permit or survey the vessel holds, the standards that apply all have some common threads.
There was a request to be able to remove VMR skippers who are operating dangerously.
Response: AMSA notes that unsafe behaviour should be reported as a marine safety concern.
One submission queried if passage planning is required as part of the documentation for emergency operations / procedures.
Response: AMSA notes that a procedure on the preparation and use of passage plans will be required in the SMS when changes to MO504 come into effect on 1 June 2025. These changes will apply to emergency service vessels unless the vessel is eligible for a simplified SMS.
One submission provided a detailed list of permitted activities for disaster/emergency management.
Response: AMSA notes these comments will be considered during the development of guidance.
One submission raised concern about the risks of surf lifesaving IRBs and crew who operate far from shore or home base without meeting National Law requirements in vessel standards, equipment, radio and competency requirements.
Response: SLS vessels which are conducting traditional surf lifesaving activities within 2nm of the low water mark are not considered DCVs and operate under State recreational licencing requirements. SLS vessels that operate outside of 2nm or are conducting prescribed DCV activities must adhere to the National Law standards and competency requirements.
One submission recommended the definition of “special personnel” be amended to explicitly capture the activities of government members/media representatives and their carriage as a permitted activity.
Response: AMSA notes that it is the circumstances of why an individual is on a vessel which determines whether they are special personnel, not their employment status. AMSA will incorporate scenarios in the guidance to clarify when media/government members might qualify as special personnel.
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