Sch 1Seafarer recruitment and placement service — conditions of registration

Schedule 1 Seafarer recruitment and placement service — conditions of registration

(section 17)

The conditions of registration for a seafarer and placement service are that:

(a) AMSA may undertake, on provision of reasonable notice, an audit to determine whether the service complies with the conditions of registration; and

(b) the service may charge a fee for a service to a seafarer only if it is for obtaining any of the following:

(i) a medical certificate of fitness in accordance with Marine Order 76 (Health — medical fitness) 2017;

(ii) a seafarer’s qualification in accordance with Marine Order 70 (Seafarer certification) 2014;

(iii) a national seafarer’s record book;

(iv) a passport;

(v) a travel document, other than a visa, that is necessary for the duties that the seafarer is going to undertake.

(c) the service must have a register of persons recruited or placed, that includes information on:

(i) the seafarer’s medical examination; and

(ii) the seafarer’s identity documents; and

(iii) any fees charged under paragraph (b); and

(iv) other items that the seafarer has to provide to get employment; and

(d) the service must keep the following records about persons recruited or placed to work on a vessel:

(i) the seafarer’s qualifications;

(ii) the seafarer’s record of employment;

(iii) personal data relevant to employment;

(iv) medical data relevant to employment;

(e) the service must ensure, for each seafarer for whom it provides services, that:

(i) the seafarer is qualified to carry out the duties for which he or she is employed; and

(ii) the seafarer holds the documents necessary for the work; and

(iii) the seafarer’s work agreements are in accordance with law that applies to them;

(f) the service must:

(i) ensure that certificates and documents submitted for employment are up to date; and

(ii) verify employment references; and

(iii) keep a record of each vessel for which the service provides the seafarer recruitment and placement service; and

(iv) ensure that each seafarer is told about his or her rights and duties under an employment agreement; and

(v) ensure that each seafarer is able to examine the employment agreement before and after it is signed; and

(vi) ensure that each seafarer receives a copy of the employment agreement;

(vii) when placing a seafarer on a vessel — to the extent practicable ensure that the owner of the vessel is insured to protect seafarers from being stranded in a foreign port; and

(viii) ensure that it has in place insurance to compensate a seafarer for any monetary loss the seafarer incurs, caused by the service provider failing to meet a legal obligation to the seafarer; and

(ix) ensure that there is a means by which the services can be contacted in an emergency at all hours; and

(x) investigate any complaint about its activities and tell AMSA if a complaint is unresolved.