31Repatriation

31 Repatriation

(1) The owner of a regulated Australian vessel must ensure that a seafarer is entitled to repatriation, at no cost to the seafarer, in any of the following circumstances:

(a) the seafarer has worked continuously on the vessel for at least 11 months;

(b) the seafarer’s work agreement expires;

(c) the seafarer’s work agreement is terminated:

(i) by the owner of a vessel; or

(ii) by the seafarer for justified reasons; or

(iii) because the seafarer is no longer able to carry out their duties under the work agreement; or

(iv) because the seafarer cannot be expected to carry out their duties in the specific circumstances; or

(v) because of illness, injury or other medical condition for which the seafarer must be repatriated and is medically fit to travel; or

(vi) because of wreck or foundering;

(d) the owner of a vessel is unable to fulfil his or her legal or contractual obligations to the seafarer as an employer because of:

(i) insolvency; or

(ii) sale of the vessel; or

(iii) change of the vessel’s registration; or

(iv) unforeseen circumstances beyond the owner’s control;

(e) the vessel is on its way to a war zone to which the seafarer does not consent to go;

(f) termination or interruption of employment:

(i) in accordance with an industrial award; or

(ii) in accordance with a collective agreement;

(g) the seafarer has been held captive on or off the vessel as a result of an act of piracy or an act of armed robbery against ships.

Note for paragraphs (c)(iii) and (iv) The expiry of a seafarer’s visa, where the ongoing validity is the responsibility of the owner of the vessel, is an example of a circumstance where the seafarer is either no longer able, or cannot be expected, to carry out their duties.

(2) A seafarer under 18 years is also entitled to repatriation at no cost to the seafarer if the seafarer:

(a) has worked on a regulated Australian vessel for at least 4 months on the seafarer’s first foreign voyage; and

(b) is unsuited to life at sea.

(3) For subsection (2), the repatriation of the seafarer is to be:

(a) from the first port of call where there are Australian consular services; and

(b) to the home port mentioned in the seafarer’s work agreement.