The Offshore JurisdictionAngela Gillham

Maritime Industry Australia Ltd

Overview

•About MIAL

• The OH&S Jurisdiction

•Vision for the maritime cluster

MIAL – we know maritime…

• Offshore vessels and maritime assets

• Near coastal vessels and maritime assets –Towage, dredges, etc

• Blue water trading ships

• Cruise ships

• Charterers of maritime assets

• Workforce employers

Our Role

Coordinate industry policy

Networking and education

Industry Advocacy

Maritime expertise

Our Role – Industry Advocacy

• Advocate and lobby• Promote the sector – maritime

cluster • Australian voice internationally • Secure maritime skills base

Our Role – Industry Policy

• Coordinate devise industry policy

• Link between • Government • Industry, • Community / media etc

Our Role – Maritime Expertise

• Source of information and advice

• Tools for safety & environmental performance benchmarking –Safety Forum

• Human resources and industrial relations best practice

Our Role – Networking

• Industry specific conferences and topical luncheons

• Introduction to shipping and advanced introduction to shipping courses

• Issue specific seminars – re: new policy affecting maritime

Offshore Sector• EMAS-AMC• Farstad Shipping• MMA Offshore• Maersk Supply service • Modec Management services• Swire Pacific Offshore • Smit Lamnalco• Teekay Shipping• Tidewater • Toll • Woodside

Other sectors• ANL Container Line • ASP Ship Management • BP Shipping • Caltex• Carnival Australia• NWSSSC• Origin Energy• P&O Maritime • Port of Newcastle • Rio Tinto Shipping• Searoad Shipping• Shell Tankers Australia • Port Lincoln Tugs• Viva Energy

MIAL Members

MIAL Service Areas

Safety & Environment

Maritime Workforce

Fiscal and Structural

Offshore Oil & Gas

Near Coastal Trading Ship Coastal Policy

Trading Ship Regulation

Associate Membership

Current issues – broad

• Safety & Environment – biosecurity, emissions, OH&S jurisdiction, safety performance benchmarking.

• Workplace Relations – offshore activity visa, EBA’s, Seacare.

• Fiscal and Structural Policy – retain shipping reform measure and broaden to all maritime activity.

• Build the Australian maritime cluster

The OHS Jurisdiction

NOPSEMA

AMSA

State WHS

Authority

What if there’s an incident?

On a foreign flagged ship?

On an Australian

flagged ship?

Along side a wharf?

Involving foreign crew?

In port waters?

Involving a contractor?

On a prescribed

ship?

Involving Australian

crew?

Loading cargo?

Who will investigate?

Alongside a facility?

To whom do you report?

Involving a crew

member on a wharf?

While detaching

from a riser?

Grey to black and white

• Clarify interactions and boundaries between OH&S regimes in the maritime space

• Provide an aid to operators

500 meters

• NOPSEMA never has jurisdiction over Offshore Supply Vessels in every day marine operations.

OHS(MI) State regime

NOPSEMA

ATSB

Relevant legislation

• Occupational Health and Safety (Maritime Industry) Act 1993 or OHS(MI)

• Offshore Petroleum and Greenhouse Gas Storage Act 2006

• State or Territory WHS legislation - Worksafe WA

• AMSA / State and territory MOU’s

Scenario testing

• OSV

• Bahamas flagged

• Australian manned

• Arrives in a WA port

• Singapore based operator

1. What authority has OHS Jurisdiction?

AMSA

2. Would Worksafe ever inspect?

Never, don’t have jurisdiction

No. This is not a WA Workplace.

3. Would Worksafe investigate upon receiving a complaint from a crew member on this vessel?

Is the vessel registered in

Australia?

Is the vessel majority

Australian manned

Is the vessel operated by an

Australian?

Is the vessel covered by a

declaration under 8A or 8AA of the

repealed Navigation Act 1912, or by a

Declaration under 3AB of OHS(MI)?

Is/was the vessel at the time engaged

in interstate or international

trading?

OHS(MI) and all its functions apply to the vessel so long

as the vessel is engaged in

interstate or international trade.

OHS(MI) does not

apply.

OHS(MI) applies to the vessel regardless of

where it is, but many of its

functions do not apply.

No

Yes

Yes

No

No

No

Yes

No

Yes

Yes

Grey areas – future work

AMSA / State and Territory OH&S authority interaction• Depends on the State / territory

• Individual’s understanding of jurisdiction boundaries

Vision for the Maritime Cluster

• Individual business opportunity

• Economic diversity

• Jobs growth

• Securing strategic maritime skills

Shipping reform of 2012

• Shipping reform of 2012 – tax policies• Accelerated depreciation

• Zero income tax rate / income tax exemption

• Seafarers tax offset

• Australian International Shipping Register

1. Economic diversity - grow the maritime cluster

2. Secure the Australian strategic maritime skills base

Offshore carve out

•Offshore sector employs vast majority of Australian ‘blue water’ skills

•None of the fiscal measure apply to the offshore sector

Economic analysis

Expansion of fiscal measures to others sectors of Australian maritime industry (including offshore) would lead to significant growth in the maritime cluster

Increase tax revenue: $867 million

Increase in economy wide employment:

9,147 jobs

Additional output to economy (GDP):

$4.25 billion

Contact: angela.gillham@mial.com.au

Thankyou