Marine Order 11 (Living and working conditions on vessels) 2013 [F2013L00841]-Concluded matters [2013] AUSStaCSDLM 337 (4 December 2013)

• Marine Order 11 (Living and working conditions on vessels) 2013 [F2013L00841]
• Insufficient information regarding strict liability offences

Marine Order 11 (Living and working conditions on vessels) 2013 [F2013L00841]

Purpose	Prescribes matters necessary to give effect to obligations under the International Labour Organization's Maritime Labour Convention 2006. The order also combines subject matter formerly in Marine Orders Part 10 (Medical first aid on ships), Part 11 (Substandard Ships), Part 14 (Accommodation) and Part 53 (Employment of Crews)
Last day to disallow	5 December 2013
Authorising legislation	Navigation Act 1912
Department	Infrastructure and Transport

ISSUE:

Insufficient information regarding strict liability offences

This order prescribes a number of matters necessary to give effect to obligations under the International Labour Organization's Maritime Labour Convention 2006, which Australia ratified on 21 December 2011. These include a number of strict liability offences relating to various matters such as prohibiting the engagement of a person under 16 years to work on a vessel and (subsection 42(2)) and a requirement to make certain records accessible by specified persons (subsection 50(2). However, no explanation is provided, either in the ES or the statement of compatibility with human rights, regarding the offences. The committee's usual expectation in cases where an instrument makes provision for offences, particularly strict liability offences, is that the ES provide a full justification for the need, scope and framing of those offences [the committee requested further information from the former minister].

MINISTER'S RESPONSE:

The Minister for Infrastructure and Regional Development advised that all provisions creating offences in Marine Order 11 are intended to ensure appropriate working conditions to promote the health and welfare of seafarers. Strict liability is warranted for subsection 42(1) as a deterrent and to ensure the integrity of the regulatory regime. The other strict liability offences in the order are imposed to reduce the safety risk that would arise from the commission of the offences. The provisions are consistent with the principles outlined in the publication, A Guide on Framing Commonwealth Offences, Infringement Notices and Enforcement Powers.

COMMITTEE RESPONSE:

The committee thanks the minister for his response and has concluded its interest in the matter.