96Report of Maritime Labour Convention breach

96 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 http://www.amsa.gov.au.

Note 2 An AMSA inspector may investigate a complaint and exercise the powers of inspectors, including the giving of directions — see Chapter 8, Part 4, of the Navigation Act.

Note 3 AMSA may detain a vessel under section 248 of the Navigation Act if an AMSA inspector reasonably suspects that the vessel is unseaworthy or substandard, or that the vessel has been, is or will be involved in a contravention of the Act. A vessel is seaworthy only if, among other things, the living and working conditions on board the vessel do not pose a threat to the health, safety or welfare of the vessel’s seafarers — see Navigation Act, s 23.