Australia: Seafarers at risk because the regulator is drowning in paperwork, inquiry submission reveals

Seafarers at risk because the regulator is drowning in paperwork, inquiry submission reveals
Meagan Dillon 30 May 2019

Maritime safety standards in Australia are compromised and putting lives at risk because the peak regulator is too busy "processing paperwork" and not checking unsafe vessels, a new report by an international marine organisation has alleged.

The Federal Government is holding a Senate inquiry into the performance of the Australian Maritime Safety Authority (AMSA) after the death of Damien Mills, who fell off a charter boat in Western Australia in 2014.

AMSA, which is based in Canberra, has previously told the ABC that about five people die each year on Australian waters.

In his submission, International Institute of Marine Surveying (IIMS) chief executive Mike Schwarz said the "situation in Australia is well outside of international norms for this sector and task".

However, AMSA disagreed in a statement and said the regulator was committed to "modern risk-based regulation".

"A part of our regulatory approach is to deliver simple legislation and administrative process that do not unnecessarily restrict or burden the regulated community," it stated.

Mr Schwarz said messages from AMSA staff were contradictory, confusing and written in "quasi-legal language".

"This points, in our view, to a deep cultural malaise which has the very real potential to harm and which, in our view, needs serious and deep reform," he submitted.
Example of language provided

Mr Schwarz provided an example of such language used as a legally-binding condition on a certificate of survey issued to a vessel owner.

It read: "Any conditions listed on your existing certificate of survey remain in force even though they are not listed on this updated certificate."

"This bizarre condition, in our view, encapsulates neatly AMSA's muddled thinking and illustrates the confused manner in which it is approaching their critical safety mission," Mr Schwarz said.

He said IIMS had evidence that there have been "many instances where potentially serious accidents and incidents are not being investigated".

"This means that AMSA cannot use data gathered to improve safety standards and therefore represents a major missed opportunity," he said.

"It is the view of the IIMS that this well-resourced agency should refocus its efforts away from processing paperwork to getting into the field and finding out what safety issues are extant and then working with industry to rectify any matters that arise.

"Reduction of bureaucracy is anathema to bureaucrats, so we submit there needs to be clear direction given from the legislators that sets this system into law for them to do so."

Calls for red tape reduction to be made by law

Mr Schwarz stated that in July 2018, AMSA revised a marine order which reduced the frequency of formal surveys or inspections a vessel might be subjected to throughout its working life.

"Many vessels seen annually are now being inspected once every five years, or in some cases not at all," he said.

"This change took no notice of a vessel's geographical location, nor were many of the factors that would have informed a risk assessment as to the likely deterioration and risk to a vessel's crew, passengers or the environment.

"It is the primary role of our members and marine surveyors in general, using their skills and competency, to protect life at sea at all times.

"Our members are repeatedly finding substandard vessels which need to be surveyed more frequently due to their operational nature, but there is no appetite within the regulator to research these matters."

In a statement, an AMSA spokesperson said inspections — which are conducted by private accredited surveyors — have not changed since changes were made to the order.

"The suggestions that there are increased risks under the new survey regime are unfounded and represent a significant misunderstanding of the intent of the new regulations," she said.
AMSA stated it was reducing red tape

Mr Schwarz also submitted that AMSA was bogged down in red tape, paperwork and the centralising of simple decisions.

"One of our members reports and has proof that over 70 pages of AMSA forms are now required to bring a standard new vessel into operation," he said.

"Why the regulator needs to know how many seacocks are on a given vessel, or what the specification of a seating cushion is, is beyond the understanding of our surveyors."

But AMSA stated the regulator had been reducing red tape and reduce the number of documents it expects to receive.

"This important vessel data will enable surveyors to detect unapproved modification of the vessel at subsequent survey which we know has given rise to significant issues in the past," it stated.

IIMS members represent about 12 per cent of AMSA accredited surveyors.

Last year, the owner of Australia's largest fleet in Australia's most valuable prawn fishery Arthur Raptis said change was needed to address safety concerns within the fishing industry.

The inquiry continues.