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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Marine Orders prescribe minimum accommodation and hospital standards and passenger accommodation limits for specified Australian ships. Owners must submit plans, provide and maintain sleeping, mess, sanitary, ventilation, heating, laundry, galley and medical spaces to stated sizes, layouts and performance levels.
Owners, operators and masters bear the compliance costs, may apply to the Manager for discretionary variations, and face penal fines for breaches; requirements change with ship type, gross tonnage and trading pattern.
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Direct links to the current provisions in Marine Orders - Part 14: Accommodation, Issue 1 (Order No. 5 of 1990).
1 Interpretation
2 Purpose
3 Application
4 Accommodation for crew
5 Hospital accommodation
6 Variation of requirements
7 Passengers
8 Maintenance and cleanliness
9 Offence
Appendix 1—Basic requirements
Appendix 2—Additional requirements
Appendix 3—Hospital accommodation
Previous issues
Issue 1, Order No. 5 of 1990
—Amended by Order No. 8 of 1992
—Amended by Order No. 15 of 1999 (Miscellaneous Amendments)
1.1 Definitions
In this Part, unless a contrary intention appears, the following definitions apply:
agreement means an agreement that meets the requirements of section 46 of the Navigation Act;
Manager means the person occupying the position of Manager, Marine Services—Personnel and Qualifications, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Marine Services—Personnel and Qualifications, for that purpose;
Authority means the Australian Maritime Safety Authority;
crew accommodation includes sleeping rooms, mess rooms, catering facilities, recreation rooms and facilities, store rooms, sanitary and lavatory accommodation provided for the use of the crew;
operator, in relation to a ship, means the person having day-to-day control over the employment of the ship;
owner, in relation to a ship, means the person to whose order the ship is to be constructed, altered or reconstructed;
prescribed person, in relation to a request for inspection of crew accommodation, means the surveyor in charge of marine surveys for the Authority at the port at which the ship is located at the time of the request;
re‑registered means re-registered on the occasion of a simultaneous change in both the place of registration and the ownership of the ship; and
surveyor means a person appointed under section 190 of the Navigation Act.
1.2 In this Part:
(a) headings and sub‑headings are part of the Part;
(b) each Appendix is part of the Part;
(c) a note included in the text and printed in italics is not part of the Part.
This Part prescribes:
(a) for the purpose of section 136 of the Navigation Act, the accommodation (including hospital accommodation) to be provided for the master, officers and crew of a ship; and
(b) for the purpose of section 270 of the Navigation Act, the number of passengers that may be carried on a ship and their accommodation (including hospital accommodation).
This Part applies:
(a) to a ship to which Division 15 of Part II of the Navigation Act applies; and
(b) by virtue of sub‑section 136(4) of the Navigation Act, and subject to sub‑section 136(5) of the Navigation Act, to a ship referred to in paragraph 2(1)(a) of the Navigation Act.
4.1 Plans
4.1.1 The owner of a ship to be constructed must:
(a) before the construction of the ship commences, cause to be submitted to the Manager a plan of the ship, on a scale not smaller than 1 in 200, showing the proposed location and general arrangement of the crew accommodation; and
(b) before the construction of the crew accommodation is commenced, cause to be submitted to the Manager plans of the proposed crew accommodation, on a scale not smaller than 1 in 50, showing clearly:
(i) the purpose for which each space in the crew accommodation is to be used;
(ii) the proposed disposition of furniture and fittings;
(iii) the proposed arrangements for ventilation, lighting and heating; and
(iv) the sanitary arrangements.
4.1.2 The owner of a ship the crew accommodation of which is being altered or reconstructed must, before the alteration or reconstruction commences, cause to be submitted to the Manager plans of the proposed crew accommodation, on a scale not smaller than 1 in 50, showing clearly:
(a) the purpose for which each space in the crew accommodation is to be used;
(b) the proposed disposition of furniture and fittings;
(c) the proposed arrangements for ventilation, lighting and heating; and
(d) the sanitary arrangements.
4.1.3 Where an alteration or reconstruction is carried out at a place outside Australia and the alteration or reconstruction is:
(a) temporary; or
(b) carried out as a consequence of an emergency or an accident,
the plans referred to in 4.1.2 may be submitted as soon as practicable.
4.1.4 Provisions 4.1.1 and 4.1.2 do not apply if plans meeting the requirements of 4.1.1 or 4.1.2, as appropriate, have been or are to be submitted for the purposes of and in accordance with Marine Orders, Part 31 (Ship Surveys and Certification).
4.1.5 If the plans indicate that the proposed construction, alteration or reconstruction does not accord with the standards set out in this Part, the Manager must:
(a) inform the owner of the fact; and
(b) unless the Manager is satisfied that appropriate modifications to the plan are made or are to be made, inform the Marine Council as soon as practicable of the fact.
| Note: The Manager will, on request, certify that proposed crew accommodation meets the requirements of this Part. An owner requiring this service will need to supply an additional copy of the plan and pay such fee as is specified. |
|---|
4.2 Standards to be applied
4.2.1 The crew accommodation, other than hospital accommodation, of a ship other than:
(a) a ship of less than 500 gross tonnage;
(b) a ship the keel of which was laid or the construction of which was otherwise commenced before 21 April 1954;
(c) a ship primarily propelled by sail; or
(d) a fishing vessel or ship engaged in whaling or similar pursuits,
must comply with the requirements of Appendix 1.
4.2.2 The crew accommodation, other than hospital accommodation, of a ship other than:
(a) a ship of less than 1,000 gross tonnage;
(b) a ship the keel of which was laid or the construction of which was otherwise commenced before 15 March 1977;
(c) a ship primarily propelled by sail;
(d) a fishing vessel or ship engaged in whaling or similar pursuits; or
(e) dynamically supported craft,
must also comply with the requirements of Appendix 2.
| Note:. Where reasonable and practicable, ships of less than 500 gross tonnage should apply the standards set out in Appendix 1 and ships of less than 1,000 gross tonnage should apply the standards set out in Appendix 2. |
|---|
4.3 Use of crew accommodation
No part of the crew accommodation provided under this Part is to be appropriated for use by passengers.
5.1 Hospital accommodation to be provided
A ship, other than a ship that is ordinarily on a route where it can, at any time, reach a port within 48 hours, must be provided with hospital accommodation in accordance with Appendix 3.
5.2 Use of hospital accommodation
Where hospital accommodation is required in accordance with 5.1, it must not be used for a purpose other than the treatment of sick or injured persons.
6.1 Variations may be proposed
Notwithstanding 4.1.5, 4.2 and 5, the owner of a ship may, in relation to that ship, propose variations to the requirements set out in the Appendices.
6.2 Determination of variations
6.2.1 If the Manager is satisfied that the variations proposed in accordance with 6.1 provide corresponding advantages as a result of which the overall conditions of the crew accommodation of the ship will not be less favourable than would result from applying the requirements of this Part, that officer may, subject to 6.2.2, determine the requirements of this Part to be so varied.
6.2.2 The Manager must not make a determination under 6.2.1 unless:
(a) the view of the Marine Council on the proposed variation or variations has been obtained; or
(b) the view of the Marine Council has been previously obtained on a similar variation or variations.
Accommodation and sanitary arrangements must be provided for passengers on board a passenger ship in accordance with Part II of Sub-section E of Section 5 of the Uniform Shipping Laws Code.
8.1 Accommodation to be clean and well‑maintained
8.1.1 Crew and hospital accommodation must be maintained in a clean and habitable condition and all equipment and installations required by this Part must be maintained in good working order.
8.1.2 Every part of the crew accommodation, not being a store room, must be kept free of stores and other property not belonging to, or provided for the use of, persons for whom that part of the accommodation is allocated.
8.2 Inspections
8.2.1 The master or an officer appointed by the master for the purpose must, at intervals not exceeding 7 days:
(a) inspect every part of the crew and hospital accommodation of the ship;
(b) be accompanied on the inspection by at least one member of the crew; and
(c) cause to be entered in the ship's official log book a record of:
(i) the date and time of the inspection;
(ii) the names of the persons making the inspection; and
(iii) particulars of any deficiencies found.
8.2.2 The crew accommodation of a ship must be inspected by a surveyor whenever:
(a) the ship is registered or re-registered;
(b) all or part of the crew accommodation undergoes substantial alteration or repair; and
(c) a request for an inspection has been made to a prescribed person, in sufficient time to avoid delay in the sailing of the ship, by or on behalf of the operator of the ship or by an official of an organisation of seamen registered under the Industrial Relations Act 1988,
and any deficiencies found by the surveyor must be reported to the master of the ship and the Manager.
9.1 Penal provisions
Provisions 4.1.1, 4.1.2, 4.3, 5.2, 7, 8.1.1, 8.1.2 and 8.2.1 are penal provisions.
9.2 Persons responsible
9.2.1 Failure to comply with provisions 4.1.1, 4.1.2 or 7 is an offence by the owner of the ship.
9.2.2 Failure to comply with provisions 5.2, 8.1.2 or 8.2.1 is an offence by the master of the ship.
9 2.3 Failure to comply with provisions 4.3, 7, or 8.1.1 is an offence by the operator, agent and master of the ship.
| Note: Regulation 4 of the Navigation (Orders) Regulations provides:‘4. A person who contravenes a provision of an order made under subsection 425(1AA) of the Act that is expressed to be a penal provision is guilty of an offence and is punishable, upon conviction:(a) if the offender is a natural person, by a fine not exceeding $2,000; or(b) if the offender is a body corporate, by a fine not exceeding $5,000.’ |
|---|
BASIC REQUIREMENTS
CONTENTS
| 1 Location and construction | 7 Washing and change rooms |
|---|---|
| 2 Heating, lighting and ventilation | 8 Laundries and drying rooms |
| 3 Sleeping accommodation | 9 Supply and discharge of water |
| 4 Mess and recreation rooms | 10 Galleys |
| 5 Offices and day rooms | 11 Store rooms |
| 6 Sanitary accommodation |
1 Location and construction
1.1 Location of crew accommodation
1.1.1 Crew accommodation must be situated amidships or aft, above the winter load line marked on the ship in accordance with Marine Orders, Part 16 (Load Lines).
1.1.2 In the case of a passenger ship or an offshore industry vessel, the crew accommodation may be situated in the fore part of the ship but must not be situated forward of the collision bulkhead.
1.2 Protection against weather, etc.
1.2.1 The crew accommodation must be arranged and constructed, and situated in such a position, as to ensure:
(a) the protection of the crew against injury to the greatest practicable extent;
(b) the protection of the crew accommodation against the weather and the sea;
(c) the insulation of the crew accommodation from heat and cold;
(d) the protection of the crew accommodation against moisture due to condensation;
(e) the exclusion from the crew accommodation of effluvia (including exhaust gases from any area containing sanitary or lavatory equipment) originating in other spaces in the ship;
(f) the exclusion from the crew accommodation, to the greatest practicable extent, of noise originating in other spaces in the ship; and
(g) the prevention of the harbouring of vermin.
| Note: Compliance with either Australian Standard 2254-1979 measured in accordance with Australian Standard 1949-1976, or IMO Resolution A.468(XII) “Code on Noise Levels on Board Ships”, is considered satisfactory for the purposes of 1.2.1(f). |
|---|
1.2.2 Where the crew accommodation of a ship is not normally air-conditioned, the crew accommodation must:
(a) if the ship regularly trades to mosquito-infested ports, be provided with suitable screens to sidescuttles, ventilators and doors; and
(b) if the ship regularly trades to or in the tropics or the Persian Gulf, be fitted with suitable awnings.
1.3 Accessibility
1.3.1 Crew accommodation must be accessible at all times from the open deck.
1.3.2 An opening from an open deck into the crew accommodation must be protected against the weather and the sea.
1.4 Height
The height of the crew accommodation, measured from the top of the floor beams to the top of the crown beams, must be at least 2.29 metres.
1.5 Construction of bulkheads
1.5.1 Bulkheads separating a part of the crew accommodation (other than a recreation deck space) from a space used as:
(a) a permanent coal bunker;
(b) an oil fuel bunker;
(c) a cargo or machinery space;
(d) a lamp room or paint room;
(e) a store room not forming part of the crew accommodation (other than a dry provision store room);
(f) a chain locker; or
(g) a cofferdam,
must be so constructed as to be gastight and, where necessary to protect the crew accommodation, watertight.
1.5.2 A bulkhead that separates a part of the crew accommodation from a dry provision store room (whether or not that store room forms part of the crew accommodation) must be gastight.
1.5.3 A bulkhead that separates a part of the crew accommodation from sanitary accommodation, a laundry, a drying room, a galley or a cold store room (whether or not they form part of the crew accommodation) must be gastight, and must be watertight to such height as is necessary to prevent the passage of water into the adjoining space.
1.5.4 A bulkhead that separates sanitary accommodation from another part of the crew accommodation must, except in a doorway, be watertight to a height of not less than 230 millimetres above the floor of the sanitary accommodation.
1.5.5 Provisions 1.5.3 and 1.5.4 of this Appendix do not apply to bulkheads that separate:
(a) sanitary accommodation from other sanitary accommodation;
(b) a laundry or drying room from another laundry or drying room;
(c) a galley from another galley or from a pantry;
(d) a cold store room from another cold store room; or
(e) en suite sanitary accommodation from its associated sleeping room or rooms.
1.5.6 Inside panelling in the crew accommodation must be constructed of material with a surface that can easily be kept clean.
1.5.7 Bulkheads or panelling must not be constructed of material likely to harbour vermin.
1.5.8 Bulkheads enclosing rooms used as sleeping rooms, mess rooms or recreation rooms must be lined on the side of those bulkheads with those rooms.
1.6 Openings
1.6.1 There must not be a direct opening between the crew accommodation (other than recreation deck spaces) and spaces used as:
(a) permanent coal bunkers;
(b) oil fuel bunkers;
(c) cargo or machinery spaces;
(d) lamp rooms or paint rooms;
(e) store rooms not forming part of the crew accommodation;
(f) chain lockers; or
(g) cofferdams.
1.6.2 Except in the case of en suite sanitary accommodation, there must not be a direct opening between the crew accommodation (other than recreation deck spaces or passageways) and any sanitary accommodation, laundry or drying room (whether or not that sanitary accommodation, laundry or drying room forms part of the crew accommodation).
1.6.3 Provision 1.6.2 does not prohibit a direct opening between spaces forming part of the sanitary accommodation or between spaces appropriated for use as laundries or drying rooms.
1.6.4 There must not be a direct opening between a sleeping room and a galley.
1.7 Pipes
1.7.1 Steam supply and exhaust pipes to machinery must not pass through the crew accommodation except open deck alleyways.
1.7.2 Where steam supply pipes pass through open deck alleyways forming part of the crew accommodation, they must be:
(a) constructed of solid drawn steel or equivalent material;
(b) of a scantling sufficient to withstand the maximum pressure from the ship's boiler system;
(c) connected by faced flanges properly jointed;
(d) suitably insulated and encased; and
(e) fitted with adequate drainage arrangements.
1.7.3 Steam pipes and hot water pipes leading to radiators in or serving the crew accommodation must be properly protected or encased.
1.7.4 Hawse pipes must not be situated in the crew accommodation.
1.7.5 Chain pipes and ventilators to cargo spaces must, where they pass through the crew accommodation, be watertight and gastight.
1.7.6 Hot water pipes must be insulated where necessary for the conservation of heat or to ensure the safety of the crew.
1.8 Batteries
Batteries must not be located in the crew accommodation, and precautions must be taken to ensure that fumes from batteries do not discharge into any part of the crew accommodation.
1.9 Floors
1.9.1 Decks that form the floors in the crew accommodation must be properly constructed and must be covered with a material that:
(a) is impervious to water;
(b) is capable of reducing the level of noise in the crew accommodation;
(c) is capable of being easily kept clean; and
(d) provides a good foothold.
1.9.2 Where a composition or other like material is used to cover a metal deck, the composition or other material must, unless linoleum or like material is superimposed on it, be furnished with a coving.
1.9.3 Floors of wash places, bathrooms, shower recesses, laundries and other compartments where water is used must be:
(a) covered with rubber-based or other impervious material; and
(b) fitted with a coving around the perimeter of the compartment.
1.9.4 The floor of a galley must be covered with a rubber-based or other impervious material and, if required by the Director, a suitable surface must be laid over the floor covering to avoid the danger of slipping.
1.9.5 The floor of a galley must be provided with efficient scuppers.
1.10 Drainage
1.10.1 Efficient drainage must be provided for the crew accommodation situated on weather decks.
1.10.2 There must be no drainage from any source into wash places or sanitary accommodation forming part of the crew accommodation, which must be drained separately and independently of other spaces.
1.11 Surface finishing
1.11.1 The interior sides and ceilings of the crew accommodation must be covered with enamel, paint or other suitable material, of good quality and white or light in colour.
1.11.2 Paint containing nitro-cellulose must not be used.
1.11.3 All paint, varnish or other finishes in the crew accommodation must be capable of being easily kept clean and must be maintained in good condition.
10.1 Galley to be provided
10.1.1 A ship must be provided with a galley for the preparation of food for the crew, unless the circumstances are such that no members of the crew are required to mess on board.
10.1.2 The galley must be situated as near as practicable to the mess rooms provided for the crew.
10.1.3 If the galley is not situated adjacent to a mess room provided for the crew, equipment must be provided that will enable food to be served hot in that mess room in all weathers.
10.1.4 A part of a galley adjoining a stokehold or other heat-producing space must be insulated from heat effects.
10.1.5 A supply of water connected to a tap or other suitable connection must be provided in each galley to facilitate washing down the floor.
10.1.6 Salt water taps must not be fitted over a sink in a galley.
10.1.7 An efficient system of mechanical exhaust ventilation to draw off fumes from cooking appliances must be provided in each galley, unless the natural ventilation provided is adequate to ensure that the fumes escape only to the open air.
10.2 Equipment
10.2.1 A galley must be provided with such equipment, including cooking ranges, ovens and fire grates, as will enable:
(a) food in sufficient quantity to be properly and readily prepared for the persons whom the galley is intended to serve; and
(b) cooking utensils to be properly cleaned.
10.2.2 The cooking utensils in a galley must be so arranged as to facilitate the cleaning of the galley.
10.3 Cupboards and dressers
10.3.1 Cupboards and dressers in a galley must be constructed of material that is impervious to dirt and moisture and can be easily kept clean.
10.3.2 Metal parts of cupboards and dressers must be rust-proof.
10.3.3 Where a cupboard or dresser is not flush with the deck, it must have a clearance of at least 255 millimetres above the deck to facilitate cleaning.
11.1 Dry provision store rooms
11.1.1 Dry provision store rooms must be provided for the storage of dry provisions for the crew and must have sufficient capacity having regard to:
(a) the maximum period likely to elapse between successive replenishments of stores, and
(b) the maximum number of the crew to be carried.
11.1.2 Dry provision store rooms must:
(a) be enclosed by bulkheads constructed of steel or other suitable material; and
(b) be so situated, constructed and ventilated as to avoid deterioration of the stores through heat draught, condensation or infestation by insects or vermin.
11.1.3 A dry provision store must not be:
(a) situated close to a space in which heat is generated, unless it is adequately insulated against heat; or
(b) used for the storage of bedding or textiles.
11.2 Cold storage rooms
Refrigerating equipment and cold storage rooms must be provided and be adequate for the storage of perishable provisions for the crew having regard to the period likely to elapse between successive replenishment of stores.
ADDITIONAL REQUIREMENTS
1 Headroom
The clear headroom in all crew accommodation where full and free movement is necessary must be at least 1.98 metres.
2 Mechanical ventilation
A mechanical ventilation system specified in 2.3 of Appendix 1 must be temperature-controlled, unless it is ventilating:
(a) a galley; or
(b) a laundry; or
(c) a change room; or
(d) a storeroom.
| Note: Air condition that meets Australian Standard 1921-1976 is satisfactory for the purposes of this Part. |
|---|
3 Sleeping rooms
3.1 A separate sleeping room must be provided for each rating of 18 years of age or over.
3.2 Not more than 2 persons under the age of 18 may be accommodated in the same room.
4 Sanitary accommodation
One water closet must be provided for every 5 persons for whom separate sanitary accommodation has not been provided and where the total number of those persons is not divisible by 5 without a remainder, and the remainder exceeds 2, an additional water closet must be provided.
5 Washing accommodation
Washing accommodation must include at least one shower and one wash-basin for each 5 persons for whom the accommodation has been provided and where the total number of those persons is not divisible by 5 without a remainder, and the remainder exceeds 2, an additional shower and an additional wash-basin must be provided.
6 Asbestos
Asbestos must not be used in the crew accommodation constructed after 1 July 1990.
HOSPITAL ACCOMMODATION
1 Number of berths to be provided
Berths are to be provided in the hospital accommodation in accordance with Table 1.
Table 1
View image in the official sourceView image in the official source Number of persons carried Number of berths
Less than 75 2
More than 74 but less than 150 3
More than 149 but less than 200 4
More than 199 but less than 400 5
More than 399 but less than 500 8
More than 499 but less than 700 9
More than 699 but less than 900 10
More than 899 but less than 1,200 11
More than 1,200 11 plus 1 for every
300 persons in
excess of 1,200
View image in the official source2 Location
2.1 Hospital accommodation must be located:
(a) in a position that will ensure the greatest possible comfort for the patients; and
(b) so that it is readily accessible and that the patients may receive proper medical attention in all weathers.
2.2 Hospital accommodation in a ship that does not carry a qualified medical practitioner must be situated within easy access of the sleeping accommodation provided for the person in charge of the patients.
3 General standards
Unless otherwise provided in this Appendix, the minimum standards specified in Appendix 1 for the sleeping accommodation of ratings on a ship are to apply also to the hospital accommodation of the ship.
4 Arrangement of berths
Berths must be arranged:
(a) in single tier;
(b) so that at least one berth is accessible from both sides and the foot; and
(c) so as to accommodate readily a stretcher alongside any berth.
5 Construction and fittings
5.1 The doorway to the hospital accommodation must be sufficiently wide to allow the free passage of a stretcher.
5.2 The floor of the hospital accommodation must be covered with a rubber based or other impervious material and must be fitted with a coving around its perimeter.
5.3 The hospital accommodation must be fitted with at least 2 sidescuttles or windows, each of which must be at least 0.08 square metres in area, fitted with suitable bars or guards.
6 Equipment
6.1 A suitable locker, a water bottle and a tumbler must be provided for each berth in the hospital accommodation and must be within reach of that berth.
6.2 The hospital accommodation must be provided with:
(a) a clothes locker;
(b) an adequate number of seats;
(c) bed pan; and
(d) electric bell-pushes so arranged as to be within reach of each berth and communicating with the sleeping accommodation provided for the person in charge of the patients.
7 Lighting
Hospital accommodation must be provided with a dedicated system of lighting which must be kept ready at all times for use in the event of a failure of the normal lighting system.
8 Ventilation
The mechanical ventilation system required by 2.3 of Appendix 1 must be such as to maintain 10 air changes per hour under all conditions of weather and climate to which the ship is likely to be subjected during the intended voyages.
9 Sanitary arrangements
9.1 A sanitary block comprising a bathroom and a water closet must be provided for the exclusive use of patients in the hospital accommodation.
9.2 The bathroom must contain a shower and a wash-basin.
9.3 Access to the sanitary block must be obtained direct from the hospital accommodation.
9.4 The provisions of Appendix 1 relating to sanitary accommodation, wash places and supply and discharge of water apply as appropriate to the sanitary arrangements of the hospital accommodation.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1 Interpretation
2 Purpose
3 Application
4 Accommodation for crew
5 Hospital accommodation
6 Variation of requirements
7 Passengers
8 Maintenance and cleanliness
9 Offence
Appendix 1—Basic requirements
Appendix 2—Additional requirements
Appendix 3—Hospital accommodation
Previous issues
Issue 1, Order No. 5 of 1990
—Amended by Order No. 8 of 1992
—Amended by Order No. 15 of 1999 (Miscellaneous Amendments)
1.1 Definitions
In this Part, unless a contrary intention appears, the following definitions apply:
agreement means an agreement that meets the requirements of section 46 of the Navigation Act;
Manager means the person occupying the position of Manager, Marine Services—Personnel and Qualifications, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Marine Services—Personnel and Qualifications, for that purpose;
Authority means the Australian Maritime Safety Authority;
crew accommodation includes sleeping rooms, mess rooms, catering facilities, recreation rooms and facilities, store rooms, sanitary and lavatory accommodation provided for the use of the crew;
operator, in relation to a ship, means the person having day-to-day control over the employment of the ship;
owner, in relation to a ship, means the person to whose order the ship is to be constructed, altered or reconstructed;
prescribed person, in relation to a request for inspection of crew accommodation, means the surveyor in charge of marine surveys for the Authority at the port at which the ship is located at the time of the request;
re‑registered means re-registered on the occasion of a simultaneous change in both the place of registration and the ownership of the ship; and
surveyor means a person appointed under section 190 of the Navigation Act.
1.2 In this Part:
(a) headings and sub‑headings are part of the Part;
(b) each Appendix is part of the Part;
(c) a note included in the text and printed in italics is not part of the Part.
This Part prescribes:
(a) for the purpose of section 136 of the Navigation Act, the accommodation (including hospital accommodation) to be provided for the master, officers and crew of a ship; and
(b) for the purpose of section 270 of the Navigation Act, the number of passengers that may be carried on a ship and their accommodation (including hospital accommodation).
This Part applies:
(a) to a ship to which Division 15 of Part II of the Navigation Act applies; and
(b) by virtue of sub‑section 136(4) of the Navigation Act, and subject to sub‑section 136(5) of the Navigation Act, to a ship referred to in paragraph 2(1)(a) of the Navigation Act.
4.1 Plans
4.1.1 The owner of a ship to be constructed must:
(a) before the construction of the ship commences, cause to be submitted to the Manager a plan of the ship, on a scale not smaller than 1 in 200, showing the proposed location and general arrangement of the crew accommodation; and
(b) before the construction of the crew accommodation is commenced, cause to be submitted to the Manager plans of the proposed crew accommodation, on a scale not smaller than 1 in 50, showing clearly:
(i) the purpose for which each space in the crew accommodation is to be used;
(ii) the proposed disposition of furniture and fittings;
(iii) the proposed arrangements for ventilation, lighting and heating; and
(iv) the sanitary arrangements.
4.1.2 The owner of a ship the crew accommodation of which is being altered or reconstructed must, before the alteration or reconstruction commences, cause to be submitted to the Manager plans of the proposed crew accommodation, on a scale not smaller than 1 in 50, showing clearly:
(a) the purpose for which each space in the crew accommodation is to be used;
(b) the proposed disposition of furniture and fittings;
(c) the proposed arrangements for ventilation, lighting and heating; and
(d) the sanitary arrangements.
4.1.3 Where an alteration or reconstruction is carried out at a place outside Australia and the alteration or reconstruction is:
(a) temporary; or
(b) carried out as a consequence of an emergency or an accident,
the plans referred to in 4.1.2 may be submitted as soon as practicable.
4.1.4 Provisions 4.1.1 and 4.1.2 do not apply if plans meeting the requirements of 4.1.1 or 4.1.2, as appropriate, have been or are to be submitted for the purposes of and in accordance with Marine Orders, Part 31 (Ship Surveys and Certification).
4.1.5 If the plans indicate that the proposed construction, alteration or reconstruction does not accord with the standards set out in this Part, the Manager must:
(a) inform the owner of the fact; and
(b) unless the Manager is satisfied that appropriate modifications to the plan are made or are to be made, inform the Marine Council as soon as practicable of the fact.
| Note: The Manager will, on request, certify that proposed crew accommodation meets the requirements of this Part. An owner requiring this service will need to supply an additional copy of the plan and pay such fee as is specified. |
|---|
4.2 Standards to be applied
4.2.1 The crew accommodation, other than hospital accommodation, of a ship other than:
(a) a ship of less than 500 gross tonnage;
(b) a ship the keel of which was laid or the construction of which was otherwise commenced before 21 April 1954;
(c) a ship primarily propelled by sail; or
(d) a fishing vessel or ship engaged in whaling or similar pursuits,
must comply with the requirements of Appendix 1.
4.2.2 The crew accommodation, other than hospital accommodation, of a ship other than:
(a) a ship of less than 1,000 gross tonnage;
(b) a ship the keel of which was laid or the construction of which was otherwise commenced before 15 March 1977;
(c) a ship primarily propelled by sail;
(d) a fishing vessel or ship engaged in whaling or similar pursuits; or
(e) dynamically supported craft,
must also comply with the requirements of Appendix 2.
| Note:. Where reasonable and practicable, ships of less than 500 gross tonnage should apply the standards set out in Appendix 1 and ships of less than 1,000 gross tonnage should apply the standards set out in Appendix 2. |
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4.3 Use of crew accommodation
No part of the crew accommodation provided under this Part is to be appropriated for use by passengers.
5.1 Hospital accommodation to be provided
A ship, other than a ship that is ordinarily on a route where it can, at any time, reach a port within 48 hours, must be provided with hospital accommodation in accordance with Appendix 3.
5.2 Use of hospital accommodation
Where hospital accommodation is required in accordance with 5.1, it must not be used for a purpose other than the treatment of sick or injured persons.
6.1 Variations may be proposed
Notwithstanding 4.1.5, 4.2 and 5, the owner of a ship may, in relation to that ship, propose variations to the requirements set out in the Appendices.
6.2 Determination of variations
6.2.1 If the Manager is satisfied that the variations proposed in accordance with 6.1 provide corresponding advantages as a result of which the overall conditions of the crew accommodation of the ship will not be less favourable than would result from applying the requirements of this Part, that officer may, subject to 6.2.2, determine the requirements of this Part to be so varied.
6.2.2 The Manager must not make a determination under 6.2.1 unless:
(a) the view of the Marine Council on the proposed variation or variations has been obtained; or
(b) the view of the Marine Council has been previously obtained on a similar variation or variations.
Accommodation and sanitary arrangements must be provided for passengers on board a passenger ship in accordance with Part II of Sub-section E of Section 5 of the Uniform Shipping Laws Code.
8.1 Accommodation to be clean and well‑maintained
8.1.1 Crew and hospital accommodation must be maintained in a clean and habitable condition and all equipment and installations required by this Part must be maintained in good working order.
8.1.2 Every part of the crew accommodation, not being a store room, must be kept free of stores and other property not belonging to, or provided for the use of, persons for whom that part of the accommodation is allocated.
8.2 Inspections
8.2.1 The master or an officer appointed by the master for the purpose must, at intervals not exceeding 7 days:
(a) inspect every part of the crew and hospital accommodation of the ship;
(b) be accompanied on the inspection by at least one member of the crew; and
(c) cause to be entered in the ship's official log book a record of:
(i) the date and time of the inspection;
(ii) the names of the persons making the inspection; and
(iii) particulars of any deficiencies found.
8.2.2 The crew accommodation of a ship must be inspected by a surveyor whenever:
(a) the ship is registered or re-registered;
(b) all or part of the crew accommodation undergoes substantial alteration or repair; and
(c) a request for an inspection has been made to a prescribed person, in sufficient time to avoid delay in the sailing of the ship, by or on behalf of the operator of the ship or by an official of an organisation of seamen registered under the Industrial Relations Act 1988,
and any deficiencies found by the surveyor must be reported to the master of the ship and the Manager.
9.1 Penal provisions
Provisions 4.1.1, 4.1.2, 4.3, 5.2, 7, 8.1.1, 8.1.2 and 8.2.1 are penal provisions.
9.2 Persons responsible
9.2.1 Failure to comply with provisions 4.1.1, 4.1.2 or 7 is an offence by the owner of the ship.
9.2.2 Failure to comply with provisions 5.2, 8.1.2 or 8.2.1 is an offence by the master of the ship.
9 2.3 Failure to comply with provisions 4.3, 7, or 8.1.1 is an offence by the operator, agent and master of the ship.
| Note: Regulation 4 of the Navigation (Orders) Regulations provides:‘4. A person who contravenes a provision of an order made under subsection 425(1AA) of the Act that is expressed to be a penal provision is guilty of an offence and is punishable, upon conviction:(a) if the offender is a natural person, by a fine not exceeding $2,000; or(b) if the offender is a body corporate, by a fine not exceeding $5,000.’ |
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BASIC REQUIREMENTS
CONTENTS
| 1 Location and construction | 7 Washing and change rooms |
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| 2 Heating, lighting and ventilation | 8 Laundries and drying rooms |
| 3 Sleeping accommodation | 9 Supply and discharge of water |
| 4 Mess and recreation rooms | 10 Galleys |
| 5 Offices and day rooms | 11 Store rooms |
| 6 Sanitary accommodation |
1 Location and construction
1.1 Location of crew accommodation
1.1.1 Crew accommodation must be situated amidships or aft, above the winter load line marked on the ship in accordance with Marine Orders, Part 16 (Load Lines).
1.1.2 In the case of a passenger ship or an offshore industry vessel, the crew accommodation may be situated in the fore part of the ship but must not be situated forward of the collision bulkhead.
1.2 Protection against weather, etc.
1.2.1 The crew accommodation must be arranged and constructed, and situated in such a position, as to ensure:
(a) the protection of the crew against injury to the greatest practicable extent;
(b) the protection of the crew accommodation against the weather and the sea;
(c) the insulation of the crew accommodation from heat and cold;
(d) the protection of the crew accommodation against moisture due to condensation;
(e) the exclusion from the crew accommodation of effluvia (including exhaust gases from any area containing sanitary or lavatory equipment) originating in other spaces in the ship;
(f) the exclusion from the crew accommodation, to the greatest practicable extent, of noise originating in other spaces in the ship; and
(g) the prevention of the harbouring of vermin.
| Note: Compliance with either Australian Standard 2254-1979 measured in accordance with Australian Standard 1949-1976, or IMO Resolution A.468(XII) “Code on Noise Levels on Board Ships”, is considered satisfactory for the purposes of 1.2.1(f). |
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1.2.2 Where the crew accommodation of a ship is not normally air-conditioned, the crew accommodation must:
(a) if the ship regularly trades to mosquito-infested ports, be provided with suitable screens to sidescuttles, ventilators and doors; and
(b) if the ship regularly trades to or in the tropics or the Persian Gulf, be fitted with suitable awnings.
1.3 Accessibility
1.3.1 Crew accommodation must be accessible at all times from the open deck.
1.3.2 An opening from an open deck into the crew accommodation must be protected against the weather and the sea.
1.4 Height
The height of the crew accommodation, measured from the top of the floor beams to the top of the crown beams, must be at least 2.29 metres.
1.5 Construction of bulkheads
1.5.1 Bulkheads separating a part of the crew accommodation (other than a recreation deck space) from a space used as:
(a) a permanent coal bunker;
(b) an oil fuel bunker;
(c) a cargo or machinery space;
(d) a lamp room or paint room;
(e) a store room not forming part of the crew accommodation (other than a dry provision store room);
(f) a chain locker; or
(g) a cofferdam,
must be so constructed as to be gastight and, where necessary to protect the crew accommodation, watertight.
1.5.2 A bulkhead that separates a part of the crew accommodation from a dry provision store room (whether or not that store room forms part of the crew accommodation) must be gastight.
1.5.3 A bulkhead that separates a part of the crew accommodation from sanitary accommodation, a laundry, a drying room, a galley or a cold store room (whether or not they form part of the crew accommodation) must be gastight, and must be watertight to such height as is necessary to prevent the passage of water into the adjoining space.
1.5.4 A bulkhead that separates sanitary accommodation from another part of the crew accommodation must, except in a doorway, be watertight to a height of not less than 230 millimetres above the floor of the sanitary accommodation.
1.5.5 Provisions 1.5.3 and 1.5.4 o
This is an opening excerpt, not the complete document.