Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p36
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 90393–93120

50 penalty units.
Note   The seafarer may take action under the Fair Work Act 2009 to stop being bullied at work. Guidance on Eliminating Shipboard Harassment and Bullying published by the International Chamber of Shipping and International Transport Workers' Federation is on the ICS website at www.ics-shipping.org.

95 Recording complaints
       (1) The master of a regulated Australian vessel must ensure that details mentioned in subsection (2) of a complaint that is made on board by a seafarer, and any outcomes, are recorded, but not in the official logbook.
Penalty: 50 penalty units.
       (2) For subsection (1), the details are:
(a) the date and time when the complaint was made; and
(b) to whom it was made; and
(c) the nature of the complaint; and
(d) any outcomes from the onboard complaints procedure; and
(e) if the complaint has not been resolved — any additional action taken to expedite the matter, including whether or not the matter has been referred ashore to the vessel owner to resolve.
       (3) The master of a regulated Australian vessel must ensure that a copy of the record of the complaint is given to the seafarer who made the complaint.
Penalty: 50 penalty units.
       (4) An offence against subsection (1) or (3) is a strict liability offence.
       (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).
Civil penalty: 50 penalty units.

96 No adverse action
        A person must not take adverse action against a seafarer in response to the seafarer making or proposing to make a complaint.
Note   This section does not affect the right of a person to take action on a vexatious or malicious complaint.
Civil penalty: 50 penalty units.
Division 20 Onshore complaints
Note   This Division applies to a regulated Australian vessel and a foreign vessel.

97 Report of Maritime Labour Convention breach
       (1) A seafarer on a vessel that is in an Australian port, or is on a voyage to an Australian port, may report a complaint alleging a breach of the Maritime Labour Convention to AMSA.
       (2) Any person with an interest in the living and working conditions of a vessel that is in an Australian port, or is on a voyage to an Australian port, may report a complaint alleging a breach of the Maritime Labour Convention to AMSA.
       (3) If AMSA receives a complaint under subsection (1) or (2), AMSA must investigate the complaint and act in accordance with its obligations under MLC regulations 5.1.4, 5.2.1 and 5.2.2.
Note 1   Information on AMSA's procedures for handling seafarer complaints is available on the AMSA website at www.amsa.gov.au.
Note 2   An AMSA inspector may investigate a complaint and exercise the powers of inspectors,