1.1 In this Part, unless the contrary intention appears, the following definitions apply:
AMSA means the Australian Maritime Safety Authority;
applicant means a person who applies for a Certificate of Medical Fitness under 7.1;
Certificate of Medical Fitness means a Certificate of Medical Fitness issued in accordance with this Part;
coastal pilot means a person who is performing, or intends to perform, the duties of a licensed pilot for the purposes of Part VIIA of the Great Barrier Reef Marine Park Act 1975 or Part IIIA of the Navigation Act 1912;
holder, in relation to a certificate, means the person identified as holder by that certificate;
Manager means the Manager, Ship Operations and Qualifications, in AMSA, or in respect of any particular function, a suitably qualified person appointed by the Manager, Ship Operations and Qualifications, to carry out that function;
seafarer means a person serving or intending to serve on a ship to which Part II of the Navigation Act applies and includes a master, officer or seaman but does not include a pilot, a person who is not a member of the crew of the ship, a supernumerary, or special personnel as defined in section 283 of the Navigation Act;
sea-going vessel, for the purposes of the ILO Convention, means:
(a) a trading ship on an overseas or interstate voyage; or
(b) a trading ship of 500 tons gross tonnage or more on a voyage:
(i) that is not an overseas or interstate voyage; and
(ii) in the course of which it is not at all times capable, at normal operating speed, of returning to its port of departure in 6 hours or less or reaching its intended next port of call in 6 hours or less;
seaman includes a person engaged on a ship in a trainee capacity, other than a sail trainee as defined in Marine Orders, Part 52;
STCW Code means the Code referred to in the STCW Convention;
STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended;
the ILO Convention means the Medical Examination (Seafarers) Convention 1946 adopted by the General Conference of the International Labour Organization on 29 June 1946; and
valid, in relation to a certificate, means a certificate that is current and that has not been cancelled.
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.
2 Purpose and application
2.1 Purpose
Part 3 - Marine Orders - Part 9: Health-Medical Fitness, Issue 5 (Order No. 22 of 1999) - Review of decisions | Zoe
This Part:
(a) for the purposes of subsection 15(2) of the Navigation Act 1912, prescribes matters relating to the health of persons performing, or intending to perform, the duties of a qualified master, officer or seaman;
(b) for the purposes of section 124 of the Navigation Act 1912, makes provision for and in relation to the medical examination of, and the issue of certificates to, masters and seamen and persons proposing to engage in employment as masters or seamen; and
(c) for the purposes of section 134 of the Navigation Act 1912, makes provision for and in relation to giving effect to the ILO Convention.
(e) for the purposes of section 186C of the Navigation Act 1912, makes provision for and in relation to the health of pilots;
(f) gives effect to regulation I/9 annexed to the STCW Convention and section B-I/9 of the STCW Code.
2.2 Application
This Part applies to:
(a) a person employed, or proposing to engage in employment, on a ship to which section 124 of the Navigation Act applies;
(b) a person performing, or intending to perform, the duties of a coastal pilot;
(c) a person employed, or proposing to engage in employment, on a sea-going vessel registered in Australia:
(i) that is not a ship to which section 124 of the Navigation Act applies; and
(ii) in respect of which a law of a State or of the Northern Territory does not give effect to the ILO Convention; and
(d) an applicant for the issue or revalidation of certificates under Marine Orders, Part 3.
3 Review of decisions
3.1 Reviewable decisions
Application may be made to the Administrative Appeals Tribunal for review of a decision by the Manager:
(a) requiring a person to obtain a new Certificate of Medical Fitness under 7.5.2 or 7.5.3;
(b) refusing to accept a certificate as equivalent under 7.10.3.
3.2 Statement to accompany notices
If a person making a decision referred to in 3.1 gives to a person whose interests are affected by the decision notice in writing of the decision, the notice must:
(a) include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and
(b) except where subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28 of that Act.
3.3 Validity of decisions
Failure to comply with 3.2 in relation to a decision does not affect the validity of that decision.
4 Penal provisions
Provisions 5.1, 5.2, 5.3, 7.8, 7.9 and 8 are penal provisions.
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 on conviction:
(a) if the offender is a natural personby a fine not exceeding $2,000; or
(b) if the offender is a body corporateby a fine not exceeding $5,000.
5 Requirement to be medically fit
5.1 A person must not perform duties as a seafarer, or be taken into employment to perform duties as a seafarer, on a ship to which section 124 of the Navigation Act applies unless that person is medically fit to perform those duties.
5.2 A person must not perform the duties of a coastal pilot unless that person is medically fit to perform those duties.
5.3 A person must not be employed on a sea-going vessel registered in Australia:
(a) that is not a ship to which section 124 of the Navigation Act applies; and
(b) in respect of which a law of a State or of the Northern Territory does not give effect to the ILO Convention;
unless that person is medically fit for that employment.
6 Evidence of medical fitness
6.1 A person is medically fit for the purposes of 5.1 or 5.2 if that person:
(a) has a valid Certificate of Medical Fitness; and
(b) there is no evidence that his or her medical condition has altered since the previous medical examination to an extent that would make him or her unfit for the duties to be performed.
6.2 A person is medically fit for the purposes of 5.3 if that person:
(a) has a valid:
(i) Certificate of Medical Fitness; or
(ii) certificate issued by a qualified medical practitioner in accordance with Appendix 1; and
(b) there is no evidence that his or her medical condition has altered since the previous medical examination to an extent that would make him or her unfit for the duties to be performed.
7 Certificate of Medical Fitness
7.1 Application for Certificate of Medical Fitness
A person requiring a Certificate of Medical Fitness must apply to a Medical Inspector of Seamen.
Note: Under s.123 of the Navigation Act, Medical Inspectors of Seamen are appointed by AMSA. No person will be appointed unless he or she is registered as a medical practitioner in a State or Territory of Australia. Preference is given to a person who either has a Fellowship of the Australasian Faculty of Occupational Medicine (AFOM), or is a trainee of AFOM and works under the direct supervision of a Fellow. The names of Medical Inspectors of Seamen may be obtained from any AMSA office.
7.2 Medical examination etc
A Medical Inspector of Seamen is to conduct such examinations, tests and interviews and make such enquires in relation to an applicant as appear appropriate to determine whether the applicant is medically fit to perform the intended duties as a seafarer or as a coastal pilot on a ship.
7.3 Determination of fitness
7.3.1 In determining if an applicant is medically fit, a Medical Inspector of Seamen must, in addition to applying normal medical fitness considerations, have regard to the Guidelines for the medical examination of seafarers and coastal pilots, set out in Appendix 2, and any report from an independent panel of medical practitioners convened under 7.3.2.
Note: Where an employer has additional fitness requirements for particular duties or voyages (such as for the handling of specific cargoes or voyages to the Antarctic), the employer should advise the Medical Inspector of Seamen of those requirements and request a supplementary report against them.
7.3.2 If a person has been declared unfit for duty at sea, that person or his or her employer may apply for further examination by an independent panel of medical practitioners, of whom one must be an occupational physician and one a specialist physician/surgeon from the appropriate specialty.
Note: The seafarer may bring further evidence of fitness for duty at sea, including medical reports from treating medical practitioners, for consideration by the independent panel.
7.4 Issue of Certificate of Medical Fitness
7.4.1 If a Medical Inspector of Seamen:
(a) is satisfied as to the identity of an applicant;
(b) is able to attest to the true state of the applicant’s health; and
(c) determines that the applicant is medically fit to perform the proposed duties,
he or she is to issue to the applicant a Certificate of Medical Fitness in accordance with Appendix 3.
7.4.2 If a Medical Inspector of Seamen:
(a) is satisfied as to the identity of an applicant;
(b) is able to attest to the true state of the applicant’s health; and
(c) determines that the applicant is medically fit to perform duties other than those proposed,
he or she may issue to the applicant a Certificate of Medical Fitness in accordance with Appendix 3, endorsed to indicate the duty or duties for which the applicant is medically fit.
7.5 Further examination
7.5.1 A person who is refused a Certificate of Medical Fitness may make a second application.
7.5.2 A seafarer who is the holder of a valid Certificate of Medical Fitness may at any time be required by the owner or master of a ship, or by the Manager, to obtain a new certificate where as a result of illness, injury or other cause it is believed the seafarer may no longer meet the standards specified in this Part.
7.5.3 A coastal pilot who is the holder of a valid certificate of medical fitness may at any time be required by the Manager to obtain a new certificate where as a result of illness, injury or other cause it is believed the coastal pilot may no longer meet the standards specified in this Part.
7.6 Period of validity of Certificate of Medical Fitness
7.6.1 Except as provided in 7.6.2, 7.6.3, 7.6.5 and 7.6.6, and subject to 7.7, a Certificate of Medical Fitness is valid from the date of issue for a period of 2 years.
7.6.2 Subject to 7.7, a Certificate of Medical Fitness in respect of a person who on the date of issue was:
(a) less than 17 years of age; or
(b) 54 years of age or more,
is valid from the date of issue for a period of one year.
7.6.3 An expired Certificate of Medical Fitness may be extended by the Manager for a period of 3 months from the date of its expiry if the holder is to be employed on a ship and;
(b) the holder is unable to be issued with a new Certificate of Medical Fitness in accordance with this Part prior to the ship being taken to sea; and
(c) the expired Certificate of Medical Fitness has not already been extended by virtue of this provision.
7.6.4 A Certificate of Medical Fitness extended under 7.6.3 is not valid for use by a coastal pilot.
7.6.5 If the period of validity of a Certificate of Medical Fitness expires during the course of a voyage, the Certificate of Medical Fitness continues to be valid until the end of that voyage, except for use by a coastal pilot.
7.6.6 A Certificate of Medical Fitness may be issued for less than the full period if the Medical Inspector of Seamen considers it appropriate.
Note: An example might be where a Medical Inspector of Seamen considers that a person, although fit at the time of the examination, needs to be re-examined to determine the continued efficacy of treatment for a condition.
7.7 Cancellation
A Certificate of Medical Fitness is deemed to be cancelled when the person to whom it is issued:
(a) is issued with a later Certificate of Medical Fitness; or
(b) is required in accordance with 7.5.2 or 7.5.3 to obtain a further Certificate of Medical Fitness.
7.8 Production of Certificate of Medical Fitness
A person required by Marine Orders to be the holder of a valid Certificate of Medical Fitness must not fail, except with reasonable excuse, to produce the certificate on demand to the owner or master of a ship on which the person serves or intends to serve, or to a surveyor.
7.9 Delivery of cancelled Certificate of Medical Fitness
A person whose Certificate of Medical Fitness is deemed to be cancelled under 7.7 must deliver the Certificate of Medical Fitness to the Manager on demand.
8 Aids to vision or hearing
A seafarer or coastal pilot whose Certificate of Medical Fitness indicates that an aid to vision or hearing was used for the purpose of being found fit must at all times when on duty on a ship use such aid or aids and, in the case of an aid to vision, keep a spare aid to vision available.