Document ID: chunk:federal_register_of_legislation:F2018L01173:body:0:p3
Version: federal_register_of_legislation:F2018L01173
Segment Type: other
Provision Reference: 
Character Range: 5574–8367

(Maritime Industry)(National Standards) Regulations 2003 (OHS(MI) Regulations 2003).
Similar to regulations, codes of practice deal with particular issues and do not cover all hazards or risks that may arise. The health and safety responsibilities require duty holders to consider all shipboard risks not only those for which regulations and codes of practice exist.
Codes of practice are admissible in court proceedings under the OHS(MI) Act and Regulations. Failure to comply with a provision of a code of practice may be used by the courts as evidence of an offence under the OHS(MI) Act and Regulations in the circumstances to which the code relates.
The OHS(MI) Act and Regulations may be complied with in another way, for example by following a technical or an industry standard, if this provides an equivalent or higher standard of health and safety than that set out in the code.
An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice.
This Code of Practice is a revision of the Seacare Authority Code of Practice 1/2000 first approved in May 2000, which incorporated the Australian Offshore Support Vessel Code of Safe Working Practice and the Code of Safe Working Practice for Australian Seafarers.

Scope and application
This Code covers the health and safety of seafarers, contractors and other persons on board prescribed ships and units to which the OHS(MI) Act applies. This Code is relevant for all types of ships, including offshore support vessels.
This Code should be read in conjunction with relevant Marine Orders and codes of practice on specific hazards and control measures relevant to shipboard work.

How to use this Code of Practice
In providing guidance, the word 'should' is used in this Code to indicate a recommended course of action, while 'may' is used to indicate an optional course of action.
This Code also includes references to provisions of the OHS(MI) Act and Regulations and Marine Orders. These references are not exhaustive. The words 'must', 'requires' or 'mandatory' indicate legal requirements exist which must be complied with. References to Marine Orders must be complied with to the extent that they apply to the vessel.
A list of key terms and abbreviations used in this Code is in Appendix A.

   1. General duties

1.1              Operators duties
The operator of a ship is primarily responsible for ensuring the health, safety and welfare of all persons on board the ship.
Under the OHS(MI) Act, the operator must take all reasonable steps to ensure that seafarers and other people are not exposed to health and safety risks arising from the conduct of the operator's undertaking. This duty includes:
       providing and maintaining a safe work environment (including plant and systems