Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p35
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 87904–90663

the seafarer's complaint is maintained; and
(d) provides that a seafarer making a complaint must be able to give the complaint to any of the following:
 (i) the seafarer's superior officer;
 (ii) the head of the seafarer's department;
 (iii) the master of the vessel;
 (iv) the owner of the vessel or the owner's representative; and
(e) provides that a seafarer must also be able to file the complaint with any of the following:
 (i) AMSA;
 (ii) the maritime administration of the country in which the vessel is located;
 (iii) any person who may have an interest in the seafarers' health and wellbeing; and
(f) provides that a seafarer making a complaint must be able:
 (i) to get assistance from another person, including an official or delegate of a seafarers' representative organisation; and
 (ii) to be accompanied or represented throughout the complaint procedures; and
(g) provides that:
 (i) if the head of department or superior officer receives a complaint, he or she must take action within 7 days to resolve the matter in accordance with the onboard complaint procedure; and
 (ii) if the seafarer who made the complaint is not satisfied that the matter has been resolved by the head of department or superior officer, the seafarer may give the complaint to the master of the vessel; and
 (iii) if the master receives a complaint, the master must attempt to resolve it personally.
Penalty: 50 penalty units.
       (2) An offence against subsection (1) is a strict liability offence.
       (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.

93 Copy of procedure
       (1) The owner of a regulated Australian vessel must ensure that a copy of the onboard complaint procedure is available to seafarers on board the vessel.
Penalty: 50 penalty units.
       (2) An offence against subsection (1) is a strict liability offence.
       (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.

94 Complaint not resolved on board
       (1) If a complaint is not resolved on board a regulated Australian vessel, the master of the vessel must refer it ashore, within the earlier of 7 days or arrival at the next port, to the owner of the vessel.
Penalty: 50 penalty units.
       (2) An offence against subsection (1) is a strict liability offence.
       (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 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