Commonwealth Numbered Regulations

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NAVIGATION (CONFIDENTIAL MARINE REPORTING SCHEME) REGULATIONS 2004 2004 No. 95 - REG 9

What may be reported?
(1)
Each of the following matters may be reported under CMRS if it is in relation to the safety of a ship to which the Act applies ( reportable safety issue ):

(a)
the ship nearly being stranded or involved in a collision;

(b)
the ship suffering a significant loss of stability to the extent that the safety of the ship is, or could be, seriously endangered;

(c)
the ship having unsafe handling characteristics;

(d)
a procedure, practice or condition associated with maritime safety that a reasonable person would consider endangers, or, if not corrected, would endanger, the safety of the ship or a person, for example:

(i)
unsafe navigation; or
(ii)
deviation from established collision-avoidance procedures; or
(iii)
inadequate passage planning; or
(iv)
poor bridge procedures; or
(v)
crew schedules that result in fatigue; or
(vi)
bypassing of safety procedures because of operational or commercial pressures; or
(vii)
unsafe cargo stowage; or
(viii)
extreme corrosion of hull or other plating; or
(ix)
substandard condition of hatches, water-tight doors or openings; or
(x)
substandard condition of machinery or steering systems; or
(xi)
substandard condition of cargo handling equipment; or
(xii)
inadequate navigational equipment, charts or publications; or
(xiii)
crew's inadequate language skills; or
(xiv)
crew's poor knowledge of navigation, safety, or seamanship; or
(xv)
inadequately marked obstructions to safe navigation; or
(xvi)
lack of traffic or weather information;
(e)
non-compliance with regulations associated with maritime safety, for example:

(i)
inadequate certification of crew; or
(ii)
defective life saving or fire fighting equipment; or
(iii)
inadequate fire or boat drills; or
(iv)
unsafe manning or working practices;
(f)
any other matter that endangers, or could endanger, the safety of the ship or of a person.

(2)
To avoid doubt, the following are not reportable safety issues:

(a)
unlawful interference with a ship;

(b)
industrial relations issues;

(c)
for a person who has an obligation to make a report under a mandatory reporting requirement — a matter that the person is required to report under the mandatory reporting requirement.



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