SAFETY VICTORIA...TRANSPORT SAFETY VICTORIA PO Box 2797, Melbourne, Vic, 3001 T 1800 223 022 Ref:...

TRANSPORT SAFETY VICTORIA

PO Box 2797, Melbourne, Vi c, 3001 T 1800 223 022

Ref: DOC/14/67763

17 April2014

Mr Neale Burgess MP Chair

E [email protected] Bus & Rail F 03 9655 8929 Maritime F 03 9655 6611

Economic Development, Infrastructure and Outer Suburban/Interface Services Committee Parliament ofVictoria Parliament House, Spring Street EAST MELBOURNE VIC 3002

Dear Mr Burgess

INQUIRY INTO MARINE RESCUE SERVICES IN VICTORIASUPPLEMENTARY SUBMISSION

As you would be aware, Transport Safety Victoria (TSV) provided the inquiry with an initial submission on 21 March 2014.

At the inquiry hearing on 24 March 2014, a number of additional matters were raised. This submission is to provide the inquiry with further information related to those matters.

If you would like to talk with me further on this matter, please contact me on telephone (03) 9655 8528.

Yours sincerely

Adrian Mnew Acting Director Maritime Safety Transport Safety Victoria

www.transportsafety.vic.gov.au

Terms of Reference

The Victorian Parliament's Economic Development, Infrastructure and Outer Suburban/Interface Services Committee (EDIOSISC) is seeking submissions for its new inquiry into marine rescue services in Victoria. Under the Terms of Reference for the inquiry, the Committee has been asked to:

a) identify the range of marine rescue services currently provided in Victoria and consider whether the range and manner of services is fit for purpose;

b) outline the current structure of marine rescue service provision in Victoria and consider possible improvements to that service provision;

c) outline the areas of responsibility for marine rescue service providers and regulators and identify any areas of overlapping responsibility;

d) investigate the legislation that enables and governs search and rescue activities in Victoria and provide recommendations on improvements;

e) review existing marine monitoring and communications processes underpinning rescue services and provide advice on improvements which could be considered; and

f) review the training and development needs for marine rescue service providers and provide recommendations on improvements

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Transport Safety Victoria's Submission

TSV's supplementary submission will address the following additional matters raised by the inquiry at the hearing on 24 March 2014:

• Marine Incident Reporting - national dataset and process • Fuel Reimbursements -process • Recreational boat operator licensing in Victoria • Juniors on personal watercraft • Jet Spmis Boating Association -history ofTSV engagement • E&Y report -further comment

This submission should be read in conjunction with our earlier submission to the inquiry dated 21 March 2014.

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Marine Incident Reporting- national dataset and process

Victoria's marine incident reporting process is administered by TSV with the data collated and stored within TSV's IT platform, the Mmine Safety System (MSS). The Victoria Water Police have direct access to this system and populate this system in real time as searches are coordinated.

The system codifies data in accordance with the National Marine Safety Data Collection Reference Manual. This standard was produced by the National Ma1ine Safety Committee in 2007 in collaboration with all marine safety jurisdictions across Australia.

The standard includes a definition of marine incidents generally and for the categorisation of incidents: A Marine Incident is an event causing or involving any of the following in connection with the operation of a vessel.

1. The death of or injury to, any person on board a vessel, or caused by a vessel. 2. The loss of a person from a vessel. 3. The abandonment, loss or presumed loss of a vessel. 4. The collision of a vessel with another vessel or with an object. 5. The grounding, sinking, flooding or capsizing of a vessel. 6. A fire or explosion aboard a vessel. . 7. Loss of stability affecting the safety of a vessel. 8. Structural failure of a vessel.

The standm·d's aim is to achieve national consistency in the reporting and categorisation of marine incidents. A copy of the standard is attached for the inquiry's reference.

TSV understands that some other contributors to the inquiry have put forward an argument that no definition of a marine incident currently exists and that the current understanding of a marine incident is not broad enough to encompass others incidents that might require an on-water response (for example a swift water rescue) . TSV respectfully submits that the national definition above remains fit for purpose and to deviate from this definition would be a divergence from the nationally consistent dataset and would create anomalies with benchmarking Victoria's marine safety interventions against comparable jurisdictions.

The use by the Victoria Water Police of the MSS ensures that incident data which is collected (in the form of a Marine Incident Report (MIR)) is detailed, robust and verifiable. The provision of fuel reimbursement funding to volunteer MSAR groups tasked by Victoria Water Police is an appropriate motivator to ensure that they participate in this process, providing detailed information about the incident to which they have responded, and the nature of their response. Additionally, the reimbursement of the cost of fuel used in responding to a marine emergency is of great importance to marine search and rescue groups. They are highly dependent on this funding to maintain their activities.

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Fuel Reimbursement Process

When the VWP receive notification of a vessel (usually, but not always a recreational vessel) which requires assistance, they will make a decision about whether they will respond themselves, or delegate the response to a volunteer MSAR group.

An incident record (referred to as a marine incident response - MIR) is created in the MSS by the VWP, who allocate an identifying number to the record. This record is then progressively updated as the incident unfolds. When a group is tasked, they will contact the VWP once they launch their vessel, when they reach the incident itself, and when the tasked vessels and operators have returned safely. The VWP will update the MIR with the information made available to them as the MSAR group deals with the incident. Once the incident is concluded and the group are back at their base, VWP will undertake a review of the time spent, and will approve the record in the system.

Following the incident, the responding agency will send in by either email, fax, or post a completed incident form, which contains a range of quite detailed infonnation about what occurred, where it occurred, and the type of vessel involved. A careful checking process is then undertaken by TSV to ensure the integrity of this data. The data is checked against the data recorded for the MIR in the MSS, and, where necessary, TSV will discuss any gaps or discrepancy with either the VWP or the responding group to ensure that the final MIR record is reliable and robust. The group will also provide an invoice for the reimbursement of the fuels they used in the response- either at the same time as providing the incident form, or at a future point (depending on their own operational demands. For example, in the busy summer months there can be a time lag in receiving invoices from groups).

TSV cross checks the invoice against the original MIR, ensuring the reimbursement sought is reasonable, having regard to the time spent responding and the type of vessel which the responding groups use. Once the invoice is verified, it is entered into the Department's accounts payment system as approved for payment, and payment will then follow in accordance with the Department's normal practice (understood to be within 30 days). TSV has not had any feedback from volunteer MSAR groups about any undue delays in the receipt of fuel reimbursement claims.

Fuel reimbursement expenditure is in the order of $100,000 - $120,000 per year. This essential funding lifeline for MSAR groups also represents an opportunity for TSV to gather information which is highly detailed, of sound and reliable quality, and carefully verified so that it may be used with confidence. The data collected is analysed in many different ways, including but not limited to type of incident, location of incident, type of vessel involved and time of day of incident. The data collected in the MIR system and its subsequent analysis and reporting provides TSV with high quality data which then informs education activity, compliance and enforcement activity, and helps shape and inform marine legislation. It is made publicly available via TSV's website.

The data provided as a result of the MSAR group's input as detailed above provides a critical dataset that is aggregated and is used to analyse trends in the causal factors

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leading to marine incidents. This data has proved vitally important to tailoring the government's interventions to achieve safer boating.

Recreational marine licensing in Victoria

The recreational marine licensing scheme was introduced into Victoria in 2002. The scheme requires applicants to demonstrate a level of competency by passing a knowledge test. An applicant can choose to either undertake the test at a VicRoads customer service centre or to attend a course with an accredited training provider and then subsequently undertake the test. Applicants who wish to act as the master of a personal watercraft (PWC) must complete a further knowledge test.

To obtain a passing grade for the marine licence test the applicant must correctly answer 26 of the 30 questions. To obtain a passing grade for the PWC endorsement test the applicant must correctly answer 13 out of 15 questions.

At the time of introduction, the scheme sought to achieve consistency with similar schemes in other jurisdictions in Victoria by modelling the assessment on the Guidelines for Recreational Boat Operator Competencies, released by the National Marine Safety Committee in November 2000. Since that time all other states of Australia have introduced a practical assessment of some degree into their licensing schemes (Note: the Northern Tenitory does not require boat operators to be licensed or to have completed any assessment of their knowledge or competency).

The arrangements for the testing of masters of recreational vessels in Victoria are prescribed within the Marine Safety Regulations 2012 (Vic) (MSR) and require that applicants provide evidence of successful completion of an appropriate test of knowledge. The Director, Transport Safety (Safety Director), the head of TSV, is not provided with a head of power to prescribe any alternative test, for instance, a test that includes a practical component.

It is important to emphasise that the Safety Director is not empowered to develop or set policy in relation to recreational vessel licensing or any other aspect of transport safety regulation or legislation. Section 173(2) of the Transport Integration Act 2010 (Vic) (TIA) explicitly states that the functions of the Safety Director do not include developing policy for-

• transpmi safety regulation and related matters; and • the development of legislation relating to transport safety regulation and

related matters.

In the context of recreational marine licensing, TSV's role is to administer the legislative scheme enacted to give effect to government policy, which historically has been developed by the former Department of Transport (now Department of Transport, Planning and Local Infrastructure).

The licensing scheme was reviewed by the then Department of Transport prior to the introduction of the Marine Safety Act 2010 (Vic) (MSA) which came into force on 1 July 2012. The Department considered five options for reform of the scheme with those options ranging from retention of the status quo through to a mandatory training

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and assessment regime. The options were discussed with the community through the release of the Options Paper for Marine Licensing in Victoria in 201 I. Despite consideration of altemative options, the Department was unable to successfully establish a safety case for material change to the existing scheme. A copy of the department's paper is provided for the reference of the inquiry. It is not within TSV's remit to revisit the Victorian Govemment's decision to continue with current recreational marine licensing arrangements.

One change to the arrangements for recreational vessels introduced under the MSA was that a person may now operate a vessel (including a PWC) without a licence, provided that there is a suitably licensed and endorsed person over the age of I 8 years on board the vessel and that that person is in a position where they are able to take immediate control of the vessel.

Juniors on personal watercraft

A person aged 12- I 5 years will be issued with a restricted marine licence where they meet the licence test requirements. A marine licence endorsed for PWC operations is required to be held by a person wishing to act as master of a PWC.

An endorsed restricted licence permits operation of a PWC, however the master must not exceed a speed of 10 knots and may only operate during daylight hours. Restricted licence holders are not permitted to tow water-skiers.

In recent times, TSV has observed an increase in public support for the minimum age of PWC operators to be increased to 16 years.

However, changes to the restricted licensing scheme were considered by the then Department of Transport in 2011 and rejected. Again, it is not within TSV's remit to revisit Victorian govemment policy.

In August 2012, TSV completed a review ofPWC operations. That review found that the registration of PWCs is the fastest growing category of recreational vessels in Victoria and that PWC operators are not generally drawn from the typical boating population. The review also found that injuries sustained from PWC related activity were in greater proportion to their representation of the recreational fleet and that PWC operators were at a higher likelihood to be detected contravening boating rules than other boaters.

Despite these findings very little data is available that provides quantitative evidence as to the operation of PWCs by juniors that would support a case for the removal of the permission to operate a PWC for juniors.

In March 2014, TSV records indicate that just 107 people were the holder of restricted marine licences endorsed for PWC operations. This represents just 0.08% of the total number of people endorsed to operate a PWC in Victoria.

TSV has observed that the numbers of restricted marine licences issued in Victoria is experiencing substantial decline since the introduction of the MSA in 2012. TSV considers that a likely major contributor to this decline is the introduction of the

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supervision provisions (as referred to above) which mean that for many children, they are now able to gain experience operating a recreational vessel under the supervision of a licensed adult without holding a licence themselves.

Victorian Jet Sports Boating Association - history of TSV engagement

TSV has had contact with the Victorian Jet Sports Boating Association (VJSBA) at various points over recent years, dating back to 2006. Most recent contact (2011-12) has largely related to the desire of this group to conduct events at the Victorian Watersport Centre at Carrum and its attempts to develop a satisfactory safety management plan for the events which it seeks to run.

At meetings in 2011 and 2012, TSV had detailed discussions about the issues that the group would have to address to put together a comprehensive safety management plan for the conduct of their race events. The VJSBA was keen to do so as they considered it would assist them in the organisation of their regular calendar ofPWC racing events in Victoria. At a meeting in May 2011 , considerable time was spent talking through the elements of a sound safety management plan. The VJSBA undertook to revert to TSV in due course with a draft for comment.

Following a period of inactivity, the group then sought a further meeting in 2012, in which they explained their desire to ' re-activate' this work from their end (which had been set aside while they dealt with what TSV understands were various internal issues). Comment and advice was again provided by TSV, and this meeting included a discussion about the proposed new Marine Safety Act 2012 and the impact this might have on their management of events, and issues for waterway managers to consider.

It is understood that the VJSBA has had ongoing issues with Parks Victoria in respect of their ability to access the Victorian Watersport Centre at Carrum, and this remains a source of frustration for them. Access to this location for any purpose is an issue for Parks Victoria, as the waterway manager.

It should be noted that the lack of a standing safety management plan endorsed by TSV does not prevent this group from holding events, rather it would assist to . streamline the organisation of those events. Consistent with the overarching principles of Victoria' s marine safety statute (including, that safety is a shared responsibility) the relevant legislation empowers the waterway manager to engage with the event proponent to work through any issues associated with their proposed event in the first instance because they are best placed to understand the unique local risks inherent to any given waterway.

In addition to the above, TSV understands that the VJSBA has written to a previous Minister for Ports expressing a desire to see a relaxation of the rules to allow youth to be involved in events which they conduct. The advice of the fonner Marine Safety Victoria (now TSV) was that, subject to the VJSBA adequately demonstrating how they would manage relevant risks, such an exemption would be considered. They were advised that matters they should consider and address included (but were not

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limited to) the location of such events ( eg, does the event occur on a waterway closed to the public), how they suggest that skill and knowledge of the participants might be demonstrated, and restrictions on speed and engine size. It is understood that the VJSBA did not adequately make the case at the time to pe1mit juniors to participate in high speed PWC events.

Despite the understanding of the inquiry members at the hearing of24 March 2014, TSV has not received any representation from the VJSBA that they have a desire to represent the interests of recreational PWC operators for leisure purposes (that is, outside of event participants) or have an official position with regard to their regulatory treatment. TSV understands that the Boating Industry Association considers itself to be the peak body representing PWC operators (and the operators of all other recreational vessels).

E& Y report - further comment

As detailed in our earlier submission, a joint review into volunteer marine search and rescue organisations in Victoria was commissioned in 2002 by Victoria Police and Marine Safety Victoria.

The report, completed by Ernst and Young, provided a number of recommendations for improvements in the sector. Those recommendations have been adopted in part only. The responsibility for implementation of the recommendations is unclear and is perhaps a demonstration of the disjointed governance arrangements that prevail within the sector.

TSV considers that a number of the findings of this earlier review remain outstanding and require attention in order to meet an effective MSAR system's requirements.

It remains TSV's view that the following are essential elements of an effective MSAR system:

a) Adequate ongoing funding be made available to the MSAR sector

b) Distribution of assets in such a way as to minimise gaps or overlap in service delivery

c) Vessels suitable for the conditions in which they are operating

d) Suitably trained, qualified and experienced crew who have the competence to respond to an on-water emergency (noting our earlier comments about the environment in which they are operating)

e) Adequate ongoing funding for marine communications infrastructure and monitoring

f) Interoperability of MSAR participants

g) An appropriate governance structure to oversee the sector.

TSV has a continued vested interest in seeing an efficient and effective marine rescue service in place in Victoria as this is a crucial element of the safe system approach

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that TSV utilises and promotes. TSV considers that our knowledge and expertise of this sector could be leveraged to provide efficiency in the future governance of marine rescue services in Victoria.

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NATIONAL MARINE SAFETY DATA COLLECTION REFERENCE MANUAL

DATA STANDARDS AND DEFINITIONS FOR MARINE INCIDENTS

National Marine Safety Committee

Version 1.2

Last Modified: 21 March, 2007

Date Printed: 21 June, 2007

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For further information contact:

National Marine Safety Committee

Tel: (02) 9247 2124

Fax: (02) 9247 5203

Email: [email protected]

National Marine Safety Data Collection Reference Manual Version 1

TABLE OF CONTENTS

1. PURPOSE 5

2. APPLICATION 5

3. BACKGROUND 5

4. REFERENCE MANUAL ASSUMPTIONS 6

5. MARINE INCIDENT DEFINITION 6

5.1. National definition of a marine incident 6

5.2. Marine incident exclusions 7

6. GENERAL DEFINITIONS 8

7. OVERVIEW OF THE DATA ITEM STRUCTURE 8

7.1. National Marine Safety Minimum Data Set 9

8. DEFINITIONS OF DATA ITEMS 10

8.1. Incident Description 10

8.2. Vessels Involved 13

8.3. Persons Involved 14

8.4. Contributing Factors 16

9. REFERENCES 19

10. INDEX 20

11. APPENDIX A 22

12. APPENDIX B: EXAMPLES AND SCENARIOS- A GUIDE IN DETERMINING WHEN A MARINE INCIDENT OCCURS 25

12.1. Close Quarter Incidents 25

12.2. Swimmers and Surfers 25

12.3. Operation of a vessel 25

12.4. Types of Vessels 25

12.5. Onboard Incidents 25

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1. PURPOSE

The purpose of this document is to set out the concepts, data standards, and definitions to be applied when coding data in relation to marine incidents. This document was produced to ensure that consistent and comparable information on such incidents may be collected and used to assist in the formulation, monitoring and measurement of uniform marine safety policy and legislation throughout Australia and New Zealand.

2. APPLICATION

This reference manual is for use by marine incident coders, marine investigators and data analysts working in the marine safety area. The National Marine Safety Minimum Data Set and definitions described in this manual apply exclusively to incidents involving recreational and small commercial vessels, (i.e: vessels licensed or surveyed under jurisdictional legislation). Incidents involving trading vessels which require investigation and reporting by the Australian Maritime Safety Authority may use similar data definition and data items to that contained in this reference manual, however, it is not intended to merge the two data sets at this time. The current diversity in the nature of incidents and their investigation between trading ships and recreational and small commercial vessels makes the merging of data collection impractical at this stage.

3. BACKGROUND

In October 1994, Transport Ministers at the Australian Transport Council (ATC) endorsed a proposal for a review of maritime safety arrangements in Australia. A report titled "Review of Maritime Safety Arrangements in Australia, Phase 1" was completed by consultants in August 1995. The Report detailed significant deficiencies in maritime administrative arrangements in Australia, including inconsistent regulatory practices and inconsistent standards applying between jurisdictions.

A specific deficiency identified by the consultant was "inadequate measurement of safety outcomes due to a lack of a common database or agreed approach to analysis and interpretation of data".

The consultant also found that maritime jurisdictions in Australia lack a common philosophy and a common set of goals for maritime safety. Unlike other transport modes, the maritime sector in Australia has not moved positively towards greater uniformity in regulation and practices. It has not attempted to develop a documented national approach to safety involving jurisdictions, industry and other stakeholders.

At a meeting of the A TC in November 1995, Ministers asked that proposals be developed to address the identified deficiencies. In response, Marine and Ports Group (MPG) developed a draft set of goals and guiding principles as a step towards a national maritime safety strategy and a draft Action Plan to address the deficiencies.

A key goal of the draft National Maritime Safety Strategy is "a national maritime safety system which is developed and implemented on the basis of sound information and analysis and is monitored regularly" (Goal 5).

At the meeting of MPG in May 1996, MPG agreed that safety initiatives should be based on an understanding of relative risk and "best practice" measures, and that programs should be monitored and evaluated for effectiveness and efficiency. MPG noted that, as a high priority, improvements should be made to current data collection processes to provide for greater consistency in definitions and coverage.

At that meeting, MPG agreed that:

• jurisdictions should develop an effective risk management and resource allocation strategy and a program for countermeasure evaluation in marine safety;

• MPG members should develop consistent data systems for analysis, resource allocation and evaluation. Jurisdictions would maintain their own marine incident systems based on agreed core incident categories, and download data to a central agency database for summary reporting and analysis at a national level;

• in the interim, jurisdictions will agree to develop common definitions for marine incident and injury severity levels and to publish marine safety information in a consistent format.

The goals and guiding principles of the draft strategy and the proposals for improving maritime safety data systems were endorsed by the Standing Committee on Transport (SCOT) in April 1996.

A group representative of all marine jurisdictions in Australia and New Zealand has developed this document to ensure consistency of interpretation when inputting and reporting marine incident data.

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4. REFERENCE MANUAL ASSUMPTIONS

The data referred to in this manual is intended to reflect incidents which can actually be influenced by changes in legislation or policy, either on a national basis or, for cases specific to a particular location/condition, on a jurisdiction basis.

To ensure data input consiste!lCY and the data system's integrity, it is essential that rules are established to clarify whether an event should be included in the marine safety data collection.

Therefore, data standards and definitions have been developed that assist with the assessment of which events are to be included within the national marine safety data collection. Examples of incidents which are considered to be excluded or included are also provided. The nationally accepted definition of a marine incident forms the basis of the National Marine Safety Data Collection and is stated in section 5.

5. MARINE INCIDENT DEFINITION

The requirement for comparative marine safety information lead to the development of the National Marine Safety Minimum Data Set (see Table 7.1) and this Reference Manual. While the data set may not include all marine safety incidents or marine safety data collected by jurisdictions, it is considered the minimum information needed for formative national marine safety decision making. Additional data collected by jurisdictions may be used independently to identify j urisdiction specific marine safety problems/issues.

To better understand the interpretation of various data items within the National Marine Safety Minimum Data Set, the definitions for the data items of Incident Type, Contributing Factors, Vessel Damage, Persons Involved and Inj ury Status are detailed in section 8.

5.1. National definition of a marine incident

A Marine Incident is an event causing or involving any of the following in connection with the operation of a vessel. ·

1. The death of, or injury to, any person on board a vessel, or caused by a vessel.

2. The loss of a person from a vessel.

3. The abandonment, loss or presumed loss of a vessel.

4. The collision of a vessel with another vessel or with an object.

5. The grounding, sinking , flooding or capsizing of a vessel.

6. A fire or explosion aboard a vessel.

7. Loss of stability affecting the safety of a vessel.

8. Structural failure of a vessel.

Additional considerations

• The definition of a vessel and the operation of a vessel are stated in section 6.

• The definitions for items one to eight above are stated in section 8

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5.2. Marine incident exclusions The cases described below are examples of incidents where the application of the marine incident definition is open to interpretation but are not considered a marine incident. Examples include:

Incident after stabilised situation A stabilised situation marks the end of an event; that is, although other events may follow because of subsequent actions closely related to the first event, nothing further will occur in so far as the event itself is concerned . In a marine incident in which a stabilised situation can be identified, subsequent death, injury, property damage, or vessel damage, producing events should not be considered part of the original incident, but reported separately.

For example

• A vessel has partially sunk and all persons on board have reached safety. This is a stabilised situation. Any subsequent death, injury, property damage or vessel damage, resulting from another vessel colliding with the· disabled vessel or persons at the incident site is not part of the original incident, but is to be treated as another incident.

Incident involving deliberate intent Sometimes, incidents involving operating vessels occur because some person or persons intended that they should occur. Such events are excluded from classification as a marine incident.

For example

• A person on a vessel suicides, or self inflicts injury or property damage and this intent is verified .

• A person, having announced intent in some manner, causes death, injury, property damage or vessel damage by operating a vessel against persons or other vessels.

• A fire or explosion on board a vessel is found to be deliberately ignited.

Note: If in undertaking such intended acts, OTHER death, injury, or property damage that goes beyond the original intent, these events are accidental and meet the specifications of a marine incident UNLESS the contrary can be established.

Incident not attributable to vessel operation Some events involving an operating vessel are excluded from classification as a marine incident because operation of the vessel is not deemed to be the primary factor contributing to death, injury, property damage or vessel damage.

For example

• A loaded fi re-arm, spear-gun or hand spear being carried in an operating vessel accidentally discharges causing death, injury or damage.

• Incidents involving diving, snorkelling, swimming or other activities where the occurrence of the incident is not attributable to the operation of a vessel. For example - a diver, snorkeller or swimmer suffers a heart attack or decompression sickness (also known as the 'bends').

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6. GENERAL DEFINITIONS

Vessel 1

Any kind of boat, ship or other craft, designed for operation on water, regardless of size or means of propulsion.

A vessel includes, for example -

• a barge, lighter or other floating vessel;

• a sailboard;

• a hovercraft or other surface effect craft; and

• an aircraft when it is on water or is taking off, or landing on water.

• water skiers attached to a vessel, who are deemed to be part of that vessel.

but excludes -

• a surfboard; and

• a surf ski.

Operation of a vessel Any vessel being in use on the water including vessels underway, at anchor or berthed, except for:

• unmanned vessels which are safely at anchor or berthed and which are damaged due to a natural disaster, eg : cyclone, flooding, violent storm; and

• derelict vessels.

Navigable water Any waters on which any vessel may operate. eg: rivers, lakes, dams, creeks, flooded areas, canals, ocean and sea and is regarded as either a public or private area.

Founder, Stranding and Contact The terms "founder", "stranding" and "contact" are not specifically referred to in the National Marine Safety Minimum Data Set. However, other national and international marine organisations do publish marine incident data using these terms. To allow comparisons of the national data collection with that published by other bodies, these definitions are provided in this manual.

A "foundering" incident is where the Incident Type indicates a vessel sank. (refer to section 8. 1)

A "stranding" incident is where the Incident Type indicates a vessel ran aground. (refer to section 8.1)

A "contact" incident is where the Incident Type indicates a vessel collided with either another vessel, an object or structure. (refer to section 8.1)

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7. OVERVIEW OF THE DATA ITEM STRUCTURE

The National Marine Safety Minimum Data Set has been developed to capture the basic description of a marine incident and is comprised of four key elements described below. A summary of the major data items within each element are listed in Table 7.1 and defined in section 8.

Incident description Provides data on the environment of the incident (ie: location, time, weather, visibility) and the nature of the incident (ie: incident type and severity).

Vessels involved Provides information of the vessels involved. (ie: damage, type etc).

Persons involved Provides demographic detail of the person in charge, the person at the helm, or any other person involved in the incidnet (ie:swimmer) as well as details of persons injured or killed.

Contributing factors Provides information on factors contributing to the incident. These may relate human, environmental or material factors.

Information from the combination of these elements provides a detailed description of the incident.

7.1. National Marine Safety Minimum Data Set

INCIDENT DESCRIPTION VESSELS INVOLVED PERSONS INVOLVED CONTRIBUTING FACTORS

Location Number of Vessels Involved Details of Person in Charge Human Factors

i) inland waters Vessel Damage (for each vessel) (for each vessel) i) alcohol or drugs

ii) enclosed waters i) lost i) age of person in charge ii) error of judgement

iii) inshore waters ii) major damage ii) gender of person in charge iii) excessive speed

iv) offshore waters iii) moderate damage iii) qualifications * iv) failure to keep a proper lookout

Jurisdiction* iv) no damage Details of person at helm at the time of v) fatigue

Date & Time of Incident Vessel Details (for each vessel) incident (for each vessel) vi) inexperience

Environmental Conditions i) commercial * i) age of person at helm vii) insecure mooring

i) weather* ii) recreational * ii) gender of person at helm viii) lack of fuel

ii) water conditions * Length of Vessel (metres) iii) qualifications * ix) lack of maintenance

iii) wind* Hull Material iv) role on vessel of person at the helm x) navigational error

iv) visibil ity* i) steel Details of deceased/injured persons xi) overloading

Incident Type ii) fibreglass/GRP ~ach vessel) xii) other human factor

i) collision • iii) aluminium i) age of injured or deceased Material Factors

ii) grounding* iv) ferro-cement ii) gender of injured or deceased i) inadequate stability

iii) capsizing v) timber iii) activity of injured or deceased * ii) equipment failure*

iv) sinking vi) other iv) injury status* iii) other material factor

v) swamping v) BAC of deceased Environmental Factors

vi) flooding i) restricted visibility

vii) loss of vessel ii) bar conditions

viii) structural failure iii) wash of passing vessel

ix) loss of stability iv) floating or submerged object

x) fire v) wind/sea state

xi) explosion vi) tidal conditions

xii) person overboard vii) other environmental factor

xiii) onboard incident * Causal factor unknown

xiv) other personal injury •

Incident Severity Rating NOTE: This table gives a summary of the data items in the minimum data set. Items marked with a * contain further

i) fatal incident iv) other vessel damage items that are detailed in section 8.

ii) serious injury v) damage to property only

iii) vessel lost vi) no damage


8. DEFINITIONS OF DATA ITEMS

The following are definitions of most, though not all, data items contained in the National Marine Safety Minimum Data Set. A detailed description is provided for those data items which may cause ambiguity when coding marine incident information from a data collection form or entry into a database. In some cases, for example gender and age, it was not considered necessary to provide a description or definition.

8.1. Incident Description This element of the National Marine Data Collection contains the greatest number of data items. In some instances, the definition of an incident item may also include definitions for specific examples of that data item, eg: collision includes 7 examples. It should be noted that at this stage, for national reporting purposes, only the aggregate total for collision, grounding, fire/explosion, onboard incident and other personal injury is required

However, jurisdiction's data analysis may benefit by utilising the more specific data items for the above aggregated Incident Types.

Location

Inland Waters

Means any navigable water that is not tidal. For example a river, dam, lake or creek. Where a river becomes tidal, only the non-tidal section will be classed as inland waters, while the tidal section of that river will be classed as enclosed waters.

Enclosed Waters

Means any navigable tidal water such as a harbour, coastal bay, estuary, tidal creek or tidal river, but does not include tidal waters identified as partially smooth in Appendix A.

Inshore Waters

Means any open stretch of water extending laterally along the coast up to and including 2 nautical miles (nm) offshore. It also includes bar entrances and tidal waters identified in each State as being partially smooth in Appendix A.

Offshore Waters

Means all open water more than 2nm seaward from the coast.

Locations nominated by each state as partially smooth waters are areas of water where the wave height under normal conditions, does not exceed 1.5 metres from trough to crest. Examples of partially smooth waters include parts of bays eg: Botany Bay and Moreton Bay; ports eg: Port Phillip and Port

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Augusta; areas of water between the mainland and islands eg: Kangaroo Island, Rottnest Island; and inland waters eg: lower reaches of the River Murray.

The full list and description of partially smooth locations is contained in Appendix A.

Jurisdiction The jurisdiction of an incident pertains to the State, Territory or Country in which an incident occurred. Jurisdictions are to be notated as follows:

NSW New South Wales

VIC Victoria

OLD Queensland

WA Western Australia

SA South Australia

TAS Tasmania

NT Northern Territory

ACT Australian Capital Territory

Nl North Island, NZ

Sl South Island, NZ

Environmental Conditions

Weather

Clear, hazy, cloudy, rain, flood.

Water Conditions

Calm, choppy, rough, very rough, strong current.

Wind

None

light ( 1 ;::.: 8k ),

Moderate ( > 8 ;::.: 15k ),

Strong ( >15 ;::.: 30K ),

Storm ( over 30k ).

Visibilitv

Good, fair, poor.


Incident Type A marine incident consists of a series of events. For classification purposes only ONE of these events must be selected.

The nature of the incident code relates to the data which best describes the type of marine incident that occurred. In deciding the nature of the incident, it is the INITIAL OCCURRENCE in that incident which should be selected from the data items listed below.

For example:

A vessel contacts a submerged object and subsequently floods with water, then sinks. The nature of the incident should be recorded as collision with a submerged object.

Collision

A marine incident involving the collision of an operating vessel may include any of the following instances:

a) Collision of vessels

Striking together of two or more vessels, at least one vessel must be in operation or operating; but does not include striking a permanently fixed man-made object.

b) Collision with a fixed object

A vessel striking a permanently fixed man-made object, eg: Aid to navigation, overhead bridge, sea walls, or groynes; and does not include striking another vessel.

c) Collision with a floating object

A vessel striking an object that is waterborne and is free to move with tide, current or wind and is visible from the surface of the water; does not include living animals but does include carcasses and does not include striking another vessel.

d) Collision with an animal

A vessel striking a living animal which may or may not be normally found in a marine environm·ent.

e) Collision with overhead obstruction

Any part of a vessel making contact with power lines, or other overhead obstructions suspended above a waterway.

f) Collision with submerged object

A vessel making contact with an object that is waterborne and may be free to move with tide, or current and is NOT VISIBLE from the surface of the water eg: submerged container, submarine cable. This category does not include groundings.

g) Collision with wharf

A vessel making contact with a wharf/ jetty/ pontoon/ boat ramp and causing damage to the vessel and/or wharf etc.

Grounding

A marine incident involving an operating vessel grounding may include any of the following instances:

a) Grounding unintentiona/ 1'2

When a vessel unintentionally comes into contact with the bottom of a waterway so that the vessel ceases to be completely waterborne. This includes a vessel, either under command or not under command, running aground, striking or pounding on rocks, reefs or shoals, but not making contact with a beach or grounding intentionally.

b) Grounding intentionat 1·2

A vessel, under command, is put aground intentionally by the operator. An intentional grounding of a vessel is not a reportable marine incident UNLESS the vessel is damaged in some way that makes the incident reportable.

Capsizing 2

Vessel overturns so that the keel becomes uppermost or the vessel may lay on its side.

Sinking 2

A vessel becomes submerged and settles below the surface of the water.

Swamping 2

A vessel fills with water particularly over the side (that is, water is filling from the upper part of the vessel) but retains sufficient buoyancy to remain waterborne.

Flooding

A breach of the vessel's watertight integrity (that is, water filling from the lower part of the vessel) due to the ingress of water into the vessel. The vessel may retain sufficient buoyancy to remain waterborne.

Loss or presumed loss of a vessel

A vessel has not returned as stated or intended prior to departure and may be considered to be missing at sea.

Structural Failure

Damage to a vessel due to the structural fa ilure of the vessel's hull, superstructure, machinery or equipment due to such things as metal fatigue, corrosion, broken welds, wood rot, insufficient

11


materials in the construction of the vessel, excessive stress or wear on any component. Examples include dismasting of sailing vessels due to the mast being broken.

Loss of Stabilitv

The inadvertent movement of cargo, equipment or other materials which affects the vessel's ability to return to an upright position when laterally displaced but does not include loss of stability due to swamping or flooding.

Fire

Accidental burning of a vessel's fuels or their vapours or of any material on board a vessel.

Explosion

Accidental explosion of any material on board a vessel including vessel fuel or their vapours.

Person Overboard

A person falls from a vessel into the water/sea/waterway.

Onboard incident

A marine incident involving an operating vessel where any person suffers an injury onboard the vessel may include any of the following instances:

a) Falls within vessel

Person on board a vessel falls within the confines of the vessel.

b) Crushing or pinching

An incident where a person is crushed or pinched by any part of the vessel or vessel's machinery due to the operation of the vessel.

c) Other onboard injury

Injury caused to a person on board a vessel (eg: passenger, crew) due to the operation of the vessel ; does not include a falls overboard, falls within vessel, or crushing or pinching.

NOTE:

If the onboard injury is a result of the vessel being involved in an incident then the above Incident Type categories do not apply, as the injury are considered an outcome of the Incident Type selected.

Other Persona/Injury

A marine incident involving an operating vessel where any person suffers an injury caused by a vessel, may include any of the following instances.

12

a) Hit by vessel or propeller

Person not on board a vessel is hit by a vessel or vessel's propeller, this does not include a fall overboard, ski ing or diving incident.

b) Skiing incident

An incident where a person engaged in waterskiing is seriously injured or killed. Water-skiing includes aquaplaning and any similar activity carried out in association with a vessel.

c) Parasailing incident

An incident where a person engaged in parasailing is seriously injured or . killed. Parasailing is an activity utilising a parachute towed by a vessel to enable a person to become air-borne.

d) Diving incident

An incident where a person engaged in diving related activities is seriously injured or killed due to the operation of the vessel. For the purposes of this document, a diving activity includes diving using surface-supplied breathing apparatus, SCUBA diving, breath-hold diving (also known as free diving or skin diving) and snorkelling .

e) Other personal injury caused by an operating vessel

Serious injury caused to a person NOT on board a vessel (eg: swimmer, surfboard rider) due to the operation of a vessel; does not include a fall overboard, falls within vessel, crushing or .pinching, hit by vessel or propeller, skiing or diving incident.

Incident severity rating Every incident requires a severity rating. The severity rating is based on the MOST SEVERE incident outcome recorded. There can only be ONE severity level in the classification of a marine incident. The level of severity for a marine incident should be selected in the following order to reflect the most severe outcome first. The priority order is:

1. Fatal incident ~ PERSONAL 2. Serious injury

3. Vessel lost ~ VESSEL 4. Other vessel damage

5. Property damage~ PROPERTY 6. No Damage

NOTE:

Personal injury is rated as being more severe than any damage to a vessel or property. For example a collision may result in injury to one person and severe damage to a vessel and property. However


in assigning a severity rating , the incident would be rated as severe injury.

The severity classification provides marine safety practitioners with an effective method of collating the severity outcome of an incident by removing the bias caused with the involvement of multiple persons and vessels. Each of the persons or vessels involved could have varying levels of injury or damage respectively. However by applying an incident severity rating only the most severe outcome is considered. The individual injury status or vessel damage will be collected separately under Persons Involved and Vessels Involved data items.

Fatal Incident

An incident where at least 1 person is killed - see definition of fatality in section 8.3

Serious iniurv incident

An incident where at least 1 person receives a serious injury, but there are no fatalities. - see definition of serious injury in section 8.3

Vessel lost Incident

An incident where at least 1 vessel is lost, but there are no injuries or fatalities. - see definition of vessel lost in section 8.2.

Other vessel damage Incident

An incident where at least 1 vessel receives major or moderate damage - see definition of major and moderate damage in section 8.2.

Propertv damage onlv incident

An incident where no injuries or vessel damage occurred, but there was some property damage.

Damage to property indicates that damage occurred to a fixed structure ( eg: wharf/jetty, or aid to navigation) during an incident involving a vessel.

No damage incident.

In this situation an incident was reported (based on the incident definition) but no damage or injuries occurred.

8.2. Vessels Involved

Vessel Damage Vessel Damage refers to the damage received by each vessel due to the occurrence of a marine incident.

For the purposes of the following explanations, the seaworthiness of a vessel refers to the assessment of the condition of a vessel's hull, machinery and equipment as safe and proper to undertake a specified voyage.

Vessel lost

A vessel that is considered to be a total constructive loss due to damage received from involvement in a marine incident.

Ma;or vessel damage

Damage to any vessel involved in a marine incident which renders the vessel unseaworthy.

Moderate vessel damage

Any vessel involved in a marine incident wh ich is damaged but remains seaworthy.

No damage

A vessel involved in a marine incident received no damage.

Vessel Details

Commercial Vessel 9

Any vessel, other than one under the control of the Department of Defence, that is operated in connection with a commercial transaction of any kind, including operation -

• as a business;

• as a service;

• for profit; or

• for research .

a) Passenger Vessel. (USL Code 1 A to 1 E)

A vessel which is certified to carry passengers.

A 'passenger' is any person other than the person in charge of a vessel or members of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel.

b) Non Passenger Vessel (USL Code 2A to 2E)

Any vessel other than a passenger vessel or fishing vessel, i.e: barge, water lighter etc.

c) Fishing Vessel 9 (USL Code 3A to 3E)

13


A vessel used or intended to be used for catching fish, whales, seals, walrus or other living resources of the sea but excluding any vessel:

• engaged in harvesting or transportation of algae or aquatic plants; or

• that is primarily a mother vessel.

d) Hire and Drive Vessel 9

Means any boat or vessel which is let for hire or reward or for any other consideration whatsoever, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants, and which the hirer uses solely for pleasure

Recreational Vessel

A vessel held solely for the purposes of recreational or sporting activities and not for hire or reward. 1

a) Motorboat 10

Means any vessel, other than a houseboat, which is propelled by mechanical power.

b) Houseboat 10

Means any vessel , boat or pontoon having a fixed house above the deck with accommodation which may be used by persons residing on board for an overnight period or longer, and which is propelled by mechanical power.

c) Paddle (Row) Boat

Means any vessel propelled solely by oars, paddles or other manual devices.

d) PWC (Jet ski)

A power-driven vessel that:

• has a fully enclosed hull, and

• does not retain water taken on if it capsizes, and

• is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel.

e) Sailing Boat 6

Any vessel under sail provided that propelling machinery, if fitted , is not being used.

f) Other

Any other vessel (excluding surfboards/surf skis) not covered by the above definitions.

Hull Material The material predominantly used in the construction of the vessel

14

Steel

Fibreqlass/GRP

Aluminium

Ferro-cement

Timber

Other

8.3. Persons Involved

Details of Person in Charge (Master of vessel) A 'person in charge' is defined as the person having command or charge of the vessel at the time of the incident. The completion of details on the person in charge of any vessel involved in marine incidents provides a basic demographic profile.

As well as establishing the age and gender of the person in charge of the vessel, the profile indicates whether the person was authorised to be the person in charge, the type of certificate or licence held and their length of experience at that particular authorisation level. A definition of these data items follows:

Qualifications

a) Type of certificates/licence

Listing of certificates or licence held by the person in charge of any vessel involved in a marine incident. Certificates are applicable to commercial vessels, while licences may apply to recreational vessels, if required under the jurisdiction's legislation in which the incident occurred.

b) Certificates/licence date of issue

The date of issue for each certificate of licence provides a surrogate measure of the person in charge's length of experience, but not competency, at that particular certificate or licence level.

c) Validity of qualifications

This data item indicates whether the person in charge of the vessel involved in the marine incident was correctly authorised to be in charge of the vessel at that time.

National Marine Safety Data Col lection Reference Manual Version 1

• Valid

The person in charge had the correct and current certificate/licence to be in charge of the vessel at that time.

• Not Valid

The person in charge did not have the correct and current certificate/licence to be in charge of the vessel at that time.

• Not Required

Applies to incidents where authorisation to be the person in charge of the involved vessel is not required under that jurisdiction's legislation.

Details of the person at the helm of the vessel at the time of the incident A 'person at the helm' for the purposes of this data collection shall be defined as 'A person who is actually at the helm of a vessel at the time of the incident, but may not necessarily be the owner or the person in charge of the vessel.'

The completion of details on the person at the helm of any vessel involved in marine incidents provides a basic demographic profile.

As well as establishing the age and gender of the person at the helm of the vessel, the profile indicates the usual role of the person on the vessel, and whether the person was qualified to be at the helm. A definition of these data items follows.

Cateqorv!role of the person at the helm

The category of the 'person at the helm' indicates the usual role of that person on the vessel involved in the incident. A person may only have ONE 'category of person at the helm' type. For example, a person at the helm may be the person in charge of a vessel but cannot be considered a crew member. Categories of the person at the helm may include the following:

a) Passenger

Person/s carried on a vessel other than the person in charge (master) and members of the crew, if a commercial vessel.

b) Person in Charge

The person having command or charge of the vessel.

c) Crew member

A person who works on a vessel or is considered a member of the crew. Applies to commercial vessels only.

Qualifications

a) Type of certificates/licence

Listing of certificates or licence held by the person in charge of any vessel involved in a marine incident. Certificates are applicable to commercial vessels , while licences may apply to recreational vessels, if required under the jurisdiction's legislation in which the incident occurred.

b) Certificates/licence date of issue

The date of issue for each certificate of licence provides a surrogate measure of the person in charge's length of experience, but not competency, at that particular certificate or licence level.

c) Validity of qualifications

This data item indicates whether the person in charge of the vessel involved in the marine incident was correctly authorised to be in charge of the vessel at that time.

• Valid

The person in charge had the correct and current certificate/licence to be in charge of the vessel at that time.

• Not Valid

The person in charge did not have the correct and current certificate/licence to be in charge of the vessel at that time.

• Not Required

Applies to incidents where authorisation to be the person in charge of the involved vessel is not required under that jurisdiction's legislation.

Details of deceased/injured persons The details of any person killed or injured in a marine incident are to be recorded, whether or not the person was on board a vessel. The completion of the following details for persons either killed or injured in marine incidents provides a basic demographic profile.

As well as establishing the age and gender of the killed or injured, the profile indicates the activity of the person at the time of the incident, their injury status, and the blood alcohol level of any persons killed. A definition of these data items follows:

Activitv of deceased/injured persons

Activity of persons ki lled or injured relates to their participation at the time of the marine incident. A person may only have one activity type. For example a participant may be the person in charge of a vessel but cannot be considered a crew

15


member. The data items and their definitions include those shown under the 'Category of the person at the helm' item above; plus additional data items

a) passenger on vessel

b) person in charge

c) person at helm

d) crew

e) swimmer

f) water -skier

g) jet-skier

h) para-flier

i) surf ski/surf board rider

j) diver.

k) other

lnjurv status

a) Fatality

A person involved in a marine incident was ki lled during the incident or died within 30 days of the incident; where death is attributable to injuries sustained during the marine incident or the person is considered missing at sea.

Fatality Exclusions:

A person who dies within 30 days of the incident but not from injuries sustained in the incident (eg: the person dies from a disease condition such as cerebral haemorrhage, heart attack or diabetic coma).

b) Serious injury

A person involved in a marine incident suffers any injury requiring admission to hospital.

The following examples of some incidents, which could be considered open to interpretation, are to be included as a serious injury marine incident.

For example

• A person suffering a heart attack is involved in a marine incident (eg colliding with another vessel) causing injury to other persons and property damage. The person suffering the heart attack would not be included as a marine incident injury. However, the other injured parties and any relevant property damage are included within the definitions and should be recorded as a marine incident.

• A person dies as a result of a marine incident but outside the 30 day period would still be recorded as an injury due to a marine incident.

c) Minor injury

16

d)

A person involved in a marine incident suffers any injury requiring first aid, medical or outpatient attention but does not require admission to hospital.

Missing person

A person who is aboard a vessel at the commencement of a voyage but disappears at sea or in a waterway and cannot be confirmed as deceased. For reporting purposes, a missing person is considered deceased if not found within 30 days unless subsequently found alive.

BAC of deceased.

A quantifiable measure of the level of a deceased person's blood alcohol content taken at the time of the post-mortem .

8.4. Contributing Factors Contributing factors relate to the behaviour or circumstances that best describe the major reason for a marine incident occurring. There may be several factors that contributed to an incident - major factors should be chosen from the data items listed below.

NOTE:

Full consideration should be given to the reason for the incident occurring. Improved analysis of data, and the subsequent identification of preventative measures, is only possible if coders reduce the inclusion of the broader categories such as inexperience and error of judgement whenever possible.

Human Factors

Alcohol or drugs

Person in charge of the vessel, at the helm or other party identified as contributing to the incident is found to have a blood alcohol content equal to or exceeding the legal drink-driving limit; or is under the influence of alcohol or drugs as stated in the appropriate legislation of each jurisdiction.

Error of judgement

Person who has charge of a vessel makes an incorrect decision concerning the operation of the vessel which an investigator has attributed to be a primary cause of the marine incident. This does not include navigational errors.

Excessive speed 5

At least one of the vessels involved in a marine incident was exceeding a safe speed for-


• the area or body of water where the incident occurred;

• the prevailing atmospheric conditions; or

• the vessel's construction at the time of the incident.

OR at least one of the vessels involved exceeded the legal speed limit for the area or body of water where the incident occurred.

Failure to keep a proper lookout

At least one person, either the person in charge of the vessel, the person at the helm of the vessel, or crew (passenger in the case of recreational vessels), involved in a marine incident failed to keep a proper lookout using all means available, i.e:. sight, sound, electronic aids etc.

Fatigue

Fatigue is where a person is weary from mental or physical exertion which may or may not be associated with extended periods on duty or at work without a break from those duties.

Inexperience

Experience is considered to be limited or insufficient to either identify the risk of a marine incident or to take action to prevent a marine incident occurring.

Insecure mooring

Mooring used to secure a vessel was inadequate.

Lack of fuel

The vessel carried insufficient fuel for the voyage causing the vessel to be disabled.

Lack of maintenance

Failure to adequately maintain the hull, equipment, battery or machinery of the vessel was concluded by an investigator as a major factor for the vessel's involvement in a marine incident.

Navigational error

Where a person who has charge of the vessel either navigates incorrectly although they have exercised due caution, or who navigates incorrectly but does not exercise due caution.

Overloading

The vessel was carrying weight or persons in excess of the vessel's approved/recommended capacity ( manufacturer's recommendation or surveyor's approval).

Material Factors

Inadequate stability

When a vessel's centre of gravity does not lie vertically below its centre of buoyancy i.e: inadequate stability equates to a vessel not having a positive GM.

Equipment Failure

a) Electrical

Complete or partial failure of electrical systems which leads to death, injury, loss or damage of the vessel, or damage to property and includes an flat battery.

b) Navigation

Failure of navigational equ ipment on a vessel (eg: navigation equipment, radar, radio but not steering equipment, battery or machinery).

c) Machinery

Failure of machinery on a vessel and includes gear hooked up (the trawling gear of a vessel "hooks up" on a submerged object or bottom of the water/sea/waterway), steering equipment failure, engine failure, and other machinery failure (deck winches, pumps, etc.).

d) Hull Failure

Collapse, breach or stress of the vessel's hull.

Environmental Factors

Restricted visibility

Visibility distances indicate the distance at which an object is clearly recognisable. Restricted visibility would denote a visibility of less than 3 nautical miles and describes a condition of both poor visibility and fog .

Bar Conditions

Sea conditions at or near a coastal bar crossing are considered to be dangerous or hazardous. Bar conditions are not to be used in conjunction with hazardous waters.

Wash of a passing vessel

The displaced water from a passing vessel created a situation where a marine incident occurred.

Floating or submerged object

Any floating or submerged object which is considered to be an environmental hazard to navigation. For example - shipping container, industrial garbage bin, logs.

17


Wind/Sea state

The speed of the air current or state of the sea is in a range which is enough to hinder the safe operation of a vessel.

Tidal conditions

Any feature associated with the ebb and flow of a tide.

Other environmental factors

An example could include waters considered to be hazardous or difficult to navigate due to identified danger, eg: submerged objects, reefs, wrecks. Hazardous waters is not to be used in conjunction with bar conditions.

Causal factor unknown Details of the incident are unknown, or unstated, or do not contain sufficient information to accurately determine the cause of the incident.

18


9. REFERENCES

10.

The following is a list of references used in the compilation of this document.

1 ) Queensland Transport Operations (Marine Safetv Act 1994)

2) Boating Statistics United States Department of Transportation United States Coast Guard cited in Causes and Deterrents of Transportation Accidents. Peter D Loeb, Wayne K Talley and Thomas J Zlatoper Quorum Books Westport Conneticut, London 1994.

3) Dictionary of Nautical Words and Terms (fourth edition) C.W.T Layton, F.R.A.S., M.R.I.N., Assoc R.I.N .A. This edition revised by Captain A.G.W. Miller, Extra Master.

4) Encyclopedia of Nautical Knowledge W.A. McEwen and A.H. Lewis. Cornell Maritime Press, 1992.

5) Marine Orders Part 30 Prevention of Collisions Issue 4

6) International Regulations for the Prevention of Collisions at Sea (COLREG)

7) Victoria Marine Act

8) WA Marine Act

9) USL Code- 1993

1 O)USL Code - Section 18

19


INDEX

A Activity of deceased/injured persons, 15 Alcohol or drugs, 16 Application, 5

B BAC of deceased, 16 Background, 5 Bar Conditions, 17

c Capsizing, 11 Category/role of the person at the helm, 15 Causal factor unknown, 18 Certificates/licence date of issue, 14, 15 Collision, 11 Collision of vessels, 11 Collision with a fixed object, 11 Collision with a floating object, 11 Collision with an animal, 11 Collision with overhead obstruction, 11 Collision with submerged object, 11 Collision with wharf, 11 Commerical Vessel, 13 Contributing Factors, 16 Crushing or pinching, 12

D Damage to Property, 13 Definitions of data items, 10 Details of deceased/injured persons, 15 Details of Person in Charge, 14 Details of the person at the helm of the vessel at the time

of the incident, 15 Diving incident, 12

E Enclosed Waters, 1 0 Environmental Factors, 17 Equipment Failure, 17 Error of judgement, 16 Excessive speed, 17 Explosion, 12

F Failure to keep a proper lookout, 17 Falls within vessel, 12 Fatality, 16 Fatality Exclusions, 16 Fatigue, 17 Fire, 12 Floating or submerged object, 18 Flooding, 11

20

G Grounding, 11 Grounding intentional, 11 Grounding unintentional, 11

H Hit by vessel or propeller, 12 Houseboat, 14 Hull Material, 14 Human Factors, 16

Inadequate stabi lity, 17 Incident Description, 10 Incident Type, 11 Inexperience, 17 Injury status, 16 Inland Waters, 10 Insecure mooring, 17

J Jurisdiction, 10

L Lack of fuel , 17 Lack of maintenance, 17 Loss of Stability, 12 Loss or presumed loss of a vessel, 11

M Major vessel damage, 13 Marine incident definition, 6 Marine Incident Exclusions, 7 Minor injury, 16 Missing person, 16 Moderate vessel damage, 13 Motorboat, 14

N National definition of a marine incident, 6 National Marine Safety Minimum Data Set: , 9 Navigable water, 8 Navigational error, 17 No damage, 13

0 Offshore Waters, 1 0 Onboard incident, 12 Onshore Waters, 10 Operation of a vessel, 8 Other crew member, 15 Other environmental factors, 18 Other onboard injury, 12 Other personal injruy caused by an operating vessel, 12 Other Personal Injury, 12 Overloading, 17 Overview of the data item structure, 8

p

Parasailing incident, 12 Partially Smooth Waters, 10 Passenger. 15 Person in Charge, 15 Person Overboard, 12 Persons Involved, 14 PURPOSE, 5

Q

Qualification of person in charge, 14, 15

R Recreational Vessel, 14 Reference manual assumptions, 6 References, 19 Restricted visibility, 17

s Sailing Boat, 14 seaworthiness of a vessel, 13 Serious injury, 16


Severity classification of a marine incident, 12 Sinking, 11 Skiing incident, 12 Structural Failure, 11 Swamping, 11

T Tidal conditions, 18 Type of certificates/licence, 14, 15

v Vessel Damage, 13 Vessel Details, 13 Vessel lost, 13 Vessels Involved, 13 Visibility, 10

w Wash of a passing vessel. 18 Water Conditions, 1 0 Weather, 10 Wind, 10 Wind/Sea state, 18

21


11. AppendixA

PORT PARTIALLY SMOOTH WATER LIMITS

(Adapted from USL code section 1. No P17)

New South Wales

Port Stephens Those waters east of an imaginary line between Nelson Head and Corrie Island, but not to seawards of the entrance

Broken Bay and Those waters seaward of imaginary lines between Barrenjoey Lighthouse and West Head, Juno Pittwater Head and Flint and Steel Point and the area of water south of Half Tide Rocks. The seaward

limit of the area is an imaginary line between Barrenjoey Lighthouse and Box Head. Port Jackson The waters seaward of an imaginary line from Green Point to Georges Head and Grotto Point

and Balmoral Navy Jetty, including North Harbour. and bounded on the seaward side by an imaQinary line between Inner South Head and Cannae Point.

Botany Bay On Botany Bay east of an imaginary straight line drawn between Molineux Point and Bon na Point.

Jervis Bay The whole of Jervis Bay, excepting Currumbine Creek. Twofold Bay The waters westward of an imaginary line between the Snug Cove wharf and Munganao Point.

Victoria

Warrnambool West of a line joining_ the lower lead light on Flagstaff Hill and Breakwater Head Light. Melbourne and Port South of a line joining Breakwater Pier Light and St Kilda Pier Light. Phillip GeelonQ East of a line joining Point Henry and Point Lillias. Westernport North of a line joininQ West Head and Point Grant. Corner Inlet and Port Inside the entrance not otherwise designated as smooth waters. Albert

Queensland

Brisbane-Moreton South of a line joining Comboyuro Point to Skirmish Point and north of the parallel of the Bay northern extremity of Macleay Island. Hervey Bay South of a line from Sandy Cape to the northernmost point of the limits of the Port of

Bundaberg. Port Curtis South and west of a line from Clews Point to East Point, Facing Island. Keppel Bay South and west of a line from Cape Keppel to the easternmost point of Great Keppel Island and

thence to Water Park Point. Mackay-Hay Point From Slade Point to the eastern extremity of Hay Point Harbour limits thence follow boundary of

eastern and south limits Hay Point Harbour. Whitsunday Passage East from Cape Conway to the south-western end of Shaw Island thence along the western and Edgecumb Bay shore of Shaw Island, thence to the southern tip of Maher Island, thence along the western

shore of Maher Island to Jesuit Point, thence to Harold Island, thence to Deloraine Island, thence to a point situated approximately one nautical mile north east of Pinnacle Peak, Hook Island, thence to a point situated approximately one nautical mile north of Dolphin Point, Hayman Island, thence to Eshelby Island, thence to the southern end of Gloucester Island, thence along the southern and western shore end of Gloucester Island to Gloucester head, thence westward to the north headland of the Don River.

Townsville From Cape Pallendra to Bay Rock, thence through positions 5 cables north White Rock, The Point, Orchard Rocks, thence to Cape Cleveland.

Rockingham Bay South and west of a line commencing at Cape Sandwich, Hinchinbrook Island, to a point one-half mile east of South Island in the Brook Island Group of Islands thence to a point one-half mile east of Clump Point thence to Ninney Point.

Port Douglas West of a line Island Point Light to Low Island. thence to Cape Tribulation . Cairns A line drawn from Buchan Point in a north-easterly direction to a point one-half a nautical mile

north of the northernmost point of Double Island, thence in an east-south-easterly direction to Green Island, thence in a south-south-easterly direction to Little Fitzroy Island, thence along its westernmost shore to its south western extremity, thence to Fitzroy Island, thence in a north-westerly direction to the mainland at a point immediately south of Little Turtle Bay.

Thursday Island An area bounded by a line commencing at Hochepied Head. Prince of Wales Island, thence in a northerly direction to Potts Point, Friday Island thence to Harrison Rock thence in a north easterly direction to Hammond Rock thence to a point 1/2 nautical mile north of lnce Point, Wednesday Island thence in a south easterly direction to Strait Rock thence in a westerly direction to King Point, Horn Island thence along the eastern and southern shores of Horn Island to GaraQar Point, Horn Island thence in a south easterly direction to Peak Point on the

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mainland thence along the shore of the mainland in a southerly direction for a distance of approximately 19 kilometres to a point on the headland immediately to the south of Red Island Point (Bamaga) Jetty thence in a westerly direction to a point 1/2 nautical mile south west of Barn Island thence in a northerly direction to Rattlesnake Point. Prince of Wales Island thence along the eastern and northern shores of Prince of Wales Island to the point of commencement.

Weipa Albatross Bay east of a line Duyfken Point to Thud Point.

South Australia

Thevenard Tourville Bay, Murat Bay, De'cres Bay and Smoky Bay bounded by a line drawn from the southern extremity of Peter Point to the Yatala Channel Fairway Beacon thence to the north west extremity of St Peter Island thence from the north eastern extremity of St Peter Island to Cape Missiessy.

Streaky Bay Streaky Bay south of a line drawn from the northern extremity of Cape Wondoma through the South Channel Beacon to the shore at Perlubie.

Venus Bay Venus Bay east of a line drawn northerly from the north eastern extremity of South Head to the shore line east of Weyland! Point.

Coffin Bay Coffin Bay south of a line drawn from Sir Issac Point easterly to Mount Dutton. Tumby Bay Adjacent to Tumby Bay west of a line drawn from the southern extremity of Massena Bay to the

eastern extremity of Tum by Island thence 020°T to the shore. Port Neil Dutton Bay west of a line drawn from Cape Burr 020°T to the shore. Arno Bay Arno Bay west of a line drawn from Cape Driver 040°T to the shore. Port Gibbon North of a line drawn from Point Gibbon to the Knob. Port Augusta The approaches to Port August north of a line drawn from Lowly Point Lt. Ho. to Ward Spit

Beacon. Port Pirie Germein Bay east of line drawn from Ward Spit to Jarrold Point. Port Broughton The approaches to Port Broughton including Tickera Bay east of a line drawn from Jarrold Point

to the Mundoora ChanneljPoint Broughton) Entrance Beacon thence to Point Riley. Wallaroo Wallaroo Bay east of a line drawn from Point Riley to Warburton Point. Moonta Bay and Tipara Bay east of a line drawn from Warburton Point to Cape Elizabeth. Point Hughes Port Victoria The approaches to Port Victoria bounded by a line drawn from Reef Point to Goose Island

thence to Cliff Point on Wardang Island thence to Gawler Point. Port Turton South of a line drawn from Corny Point Lt. Ho. to Port Minlacowie Jetty. From Edithburgh St Vincent Gulf which lie towards the shore from a line commencing at Troubridge Point thence coastwise to Port to Troubridge Shoal Lt. Ho. thence through Middle Spit Beacon at Port Vincent to join a line Noarlunga including . drawn eastwards from the silo at Ardrossan which joins a line drawn northerly from Long Spit Adelaide and Beacon thence from Long Spit Beacon to Port Adelaide Fairway Beacon thence to Onkaparinga Environs Point. Kangaroo Island Nepean Bay and adjacent thereto which lie south of a line drawn from Marsden Point to

Kangaroo Head. River Murray The lower reaches of the River Murray south of Wellington including Lake Alexandrina and Lake

Albert.

Western Australia

Albany King George Sound, north and west of a line joining Limestone Head and Herald Point. Broome-Roebuck The waters of Roebuck Bay north of the parallel of Entrance Point. Bay Dampier The waters enclosed by a line running due wet from Phillip Point, then south and east along the

shore of east Lewis Island and due south from KingPoint to the mainland. Derby South of the parallel of Point Torment. Fremantle-Cockburn All the waters within the Port of Fremantle limits, except the inner harbour and the fishing boat Sound- Rottnest harbour, and the waters enclosed by a line joining Entrance Point and Parker Point, the eastern Island shoreline of Rottnest Island between Parker Point and Bathurst Point and a line joining Bathurst

Point and the north western extremity of the Port boundary. Koolan lsland-Yampi The waters enclosed by a line running due north from the mainland to the eastern end of Koolan Sound Island, west along the southern shore of Koolan Island, from the west end of Koolan Island to

the east end of Cockatoo Island, along the southern shore of Cockatoo Island and from the west end of Cockatoo Island due south to the mainland.

Kuri Bay The waters enclosed by the meridian of 124°30' east, the parallel of 15°26' south, the southern shore of Augustus Island, the meridian of 124 °38' and the mainland shore.

Lake Argyle All the waters of Lake Argyle. Port Walcott The waters enclosed by the meridian of Jarman Island, the parallel of the north end of Bezout

Island, the meridian of 117°1 0' east and the mainland shore. Wyndham- The waters of Cambridge Gulf south of the parallel of Pender Point and including the Forrest Cambridge Gulf River.

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Tasmania

Bridport Within all waters of the Port of Bridport that are to seaward of an imaginary line drawn from Granite Point to the eastern side of the mouth of the Brid River.

Bicheno Within all waters of the Port of Bicheno. Burnie Within all waters of the Port of Burnie that are to seaward of

(i) Emu Bay-An imaginary line drawn from the occ R.G. Light situated on Ocean Wharf thence to the fixed greenlight situated on the western end of that breakwater, thence to the fixed red light on the beacon situated at the western end of the dredge cut and thence to the shore and including the waters of the Emu River. (ii) Blythe River-Seaward of the mouth of the Blythe River. (iii) Cam River-Seaward of the mouth of the Cam River.

Devon port Seaward of an imaginary line drawn from the seaward end of the eastern breakwater to the siqnal mast on the western shore.

Killiecrankie Within all waters of the Port of Killiecrankie. Lady Barron Within all waters of the Port of Lady Barron that are to seaward of an imaginary line drawn 75°

(T) from Badger Corner to the eastern shore of Adelaide Bay. Whitemark Within al l waters of the Port of Whitemark. Georges Bay Seaward of an imaginary line drawn from Clerk Point to Pelican Point. Coles Bay Within all waters of Great Oyster Bay that are seaward of an imaginary line drawn from

Waterloo Point to Fleurieu Point but not to seaward of an imaginary line drawn 11 0° (T) from Buxton Point to Schouten Island and another such line drawn from Cape Degerando to Cape Baud in.

Hobart Within all waters of the Port of Hobart that are to seaward of (i) An imaginary line drawn from Cape Direction to Kelly's Point and another such line drawn from Scott Point to Hopwood Point. {ii) An imaqinary line drawn from Dorman Point to Whitehouse Point.

Currie Within all waters of the Port of Currie. Grassy Within all waters of the Port of Grassy. Naracoopa Within all waters of the Port of Naracoopa. Launceston Within all waters of the Port of Launceston that are to seaward of an imaginary line drawn

across the River Tamar through Barrel Rock and the centre of the Shear Reef. Port Arthur Within all waters of Port Arthur that are to seaward of an imaginary line drawn from Welsh Point

to Budget Head. Port Davey Within all waters of Port Davey that are to seaward of an imaginary line drawn from Forrester

Point to Deep Point. Port Latta Within all waters of Port Latta. Port Sorell Within all waters of Port Sorell that are to seaward of an imaginary line drawn 270° (T) from

Griffith 's Point. Smithton With in all waters of the Port of Smithton that are to seaward of an imaginary line drawn from

Davis Point to the northernmost point of Perkins Island and another such line drawn 135° (T) from the most easterly point of Perkins Island and the mainland shore.

Stanley Within all waters of the Port of Stanley that are to seaward of an imaginary line drawn 218° (T) from the seaward end of the cargo wharf to the eastern bank of East Inlet.

Strahan Within all waters of the Port of Strahan to seaward of all waters of an imaginary line drawn 218° {T) from the seaward end of the carqo wharf to the eastern bank of East Inlet.

Triabunna Within all waters of the Port of Triabunna that are seaward of an imaginary line drawn from Point Home Lookout to Johnson's Point, but not to seaward of an imaginary line drawn from Lord 's Bluff to Cape Boullanger and another such line drawn from Cape Bernier to Green Bluff.

Ulverstone Within all waters of the Port of Ulverstone that are seaward of the mouth of the Leven River. Wynyard Within all waters of the Port of Wynyard that are seaward of the mouth of the Inglis River.

Northern Territory

Darwin Harbour All waters within the Port of Darwin limits enclosed by a line running west by south-west from Lee Point to Charles Point.

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12. Appendix B: Examples and Scenarios -A guide in determining when a marine incident occurs

12.1. Close Quarter Incidents Close quarter incidents generally do not fall within the definition of what is a marine incident. The only times they might be considered a marine incident is when they lead to one of the outcomes as listed under section 5.1 of the data collection reference manual. However, these outcomes would be rare in occurrence and it is likely that the majority of close quarter incidents are not within scope.

Some jurisdictions may wish to collect all close quarter incidents for their own purposes, but at this stage such incidents will not be collected by the Secretariat.

12.2. Swimmers and Surfers If an incident occurs involving ONLY persons not on an operating vessel (swimmers, surfers, surf-ski riders, ect), these incidents are not considered to be a marine incident. If an operating vessel is involved in any way and conditions 1-8 under section 5.1 are met, then the incident falls within the scope of the marine incident definition and would be recorded as such.

Related Scenarios - NOT considered to be a marine incident

Swimmers who voluntarily jump off a vessel with the aim of swimming to shore and get injured/die in the process. This assumes that the person could reasonably have navigated himself/herself to shore with the vessel.

A diver or swimmer from an operating vessel suffers a heart attack or decompression sickness whilst in the water.

A person onboard a vessel acts in a deliberate manner against a person or another vessel on the water.

A person jumps off a vessel voluntarily and drowns.

Related Scenarios -Considered to be a marine incident

A diver/swimmer/board-rider gets accidentally hit by an operating vessel which results in injury or death.

A person falls off a vessel involuntarily (eg. by tripping or losing balance) which results in death or injury.

12.3. Operation of a vessel An incident is only considered to fall within the definition of a marine incident when it occurs in connection with the operation of a vessel. The following outlines the conditions under which a vessel is considered to be in operation:

A vessel is underway, ie. not stationary.

A vessel is anchored and manned.

A vessel is berthed and manned.

A vessel is NOT considered to be in operation under the following circumstances:

A vessel is anchored and unmanned.

A vessel is berthed and unmanned.

Derelict vessels

Related Scenarios

A vessel is found drifting on the water unmanned. It is considered to be in operation as it is underway (not stationery).

A storm/natural event causes damage to unmanned vessels which are berthed. These vessels are not considered to be in operation. However if the vessel was manned or underway at the time, it would be considered in operation and in this scenario would be recorded as a marine incident.

Note: A vessel considered to be in operation is not sufficient by itself for a marine incident to have occurred. For a marine incident to have occurred , the vessel must be in operation in addition to causing or involving one of the eight items under section 5.1 of the data collection reference manual.

12.4. Types of Vessels All vessels are covered within the definition of a marine incident except for the following:

Surfboards/body boards

Surf ski's

If two or more vessels are involved in an incident, it is required that at least one of the vessels is covered within the definition of a marine incident.

12.5. Onboard Incidents Whether onboard incidents are considered within the definition of what is a marine incident depends on their nature.

Onboard incidents - Considered to be a marine incident

A person is physically injured due to the movement of a vessel in rough seas

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A person is physically injured involuntarily except for very minor cuts, scratches, bruises etc. Would include work-related injuries and other injuries such as trips and falls.

Onboard incidents - NOT considered to be a marine incident

A person onboard suffers a heart attack or similar, not being in conjunction with the operation of a vessel. NOTE: The circumstances surrounding the onset of a heart attack can be varied and each jurisdiction may wish to record such incidents for their own purposes, eg. Co-morbidity issues. It is up to the discretion of each jurisdiction to determine whether heart attacks or similar should be recorded as an incident.

A person becomes ill or sick from natural causes, eg. a virus outbreak.

A person deliberately threatens or harms another person onboard or causes damage to property. Includes criminal activities such as theft.

A vessel breaks down or suffers a mechanical failure having no further consequences as listed under items 1-8 in section 5.1 of the data collection reference manual.

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SAFETY VICTORIA...TRANSPORT SAFETY VICTORIA PO Box 2797, Melbourne, Vic, 3001 T 1800 223 022 Ref:...

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Transcript of SAFETY VICTORIA...TRANSPORT SAFETY VICTORIA PO Box 2797, Melbourne, Vic, 3001 T 1800 223 022 Ref:...