92Onboard complaint procedure

92 Onboard complaint procedure

(1) The owner of a regulated Australian vessel must ensure that the vessel has an onboard complaint procedure, for a seafarer to make a complaint alleging a breach of the Maritime Labour Convention, that:

(a) seeks initially to resolve complaints at the lowest possible level; and

(b) has contact information for:

(i) AMSA; and

(ii) the maritime administration in the seafarers’ country of residence; and

(iii) the name of a person on board the vessel who can provide confidential and impartial advice to the seafarer on the complaint and assist the seafarer in following the onboard complaint procedure; and

(c) ensures that the confidentiality of the seafarer’s complaint is maintained; and

(d) provides that a seafarer making a complaint must be able to give the complaint to any of the following:

(i) the seafarer’s superior officer;

(ii) the head of the seafarer’s department;

(iii) the master of the vessel;

(iv) the owner of the vessel or the owner’s representative; and

(e) provides that a seafarer must also be able to file the complaint with any of the following:

(i) AMSA;

(ii) the maritime administration of the country in which the vessel is located;

(iii) any person who may have an interest in the seafarers’ health and wellbeing; and

(f) provides that a seafarer making a complaint must be able:

(i) to get assistance from another person, including an official or delegate of a seafarers’ representative organisation; and

(ii) to be accompanied or represented throughout the complaint procedures; and

(g) provides that:

(i) if the head of department or superior officer receives a complaint, he or she must take action within 7 days to resolve the matter in accordance with the onboard complaint procedure; and

(ii) if the seafarer who made the complaint is not satisfied that the matter has been resolved by the head of department or superior officer, the seafarer may give the complaint to the master of the vessel; and

(iii) if the master receives a complaint, the master must attempt to resolve it personally.