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MARINE SAFETY VICTORIA - Information for Investigators - Part 1 (30th March 2007)
In January 2007 the LKA group were formally appointed to the investigation panel of Marine Safety Victoria (‘MSV’) . Pursuant to our appointment a number of our senior investigators have been appointed as INSPECTORS under the Marine Safety Act 1988 (“the Act”) . The following overview details the nature of our relationship.
Who is Marine Safety Victoria?
MSV is a statutory authority within the Victorian Department of Infrastructure.
It is responsible for investigating incidents in order to identify deficiencies in operational procedures, vessel standards or crew training. Investigations into marine incidents occurring within Marine Safety Victoria’s jurisdiction are conducted under Part 8, Division 3 of the Marine Act 1988 (‘the Act’).
MSV generally appoints an inspector to conduct an investigation if there is reason to believe:
· that a vessel has been involved in an accident; or
· that a vessel has been involved in an incident tending to the loss or destruction of, or damage to, any vessel or other property or tending to endanger any person; or
· that any pilot, pilot exempt master, harbour master, pilotage services provider or person holding a certificate of competency or service has acted incompetently in the course of his or her duties or in breach of the Act or the Marine Regulations 1999 (‘the Regulations’).
At the completion of an investigation, in accordance with section 84C of the Act the Director of MSV may make public the report of the investigation or any part of the report.
Sources of Incident Reports
Section 20 of the Act requires owners and operators of vessels to report marine accidents and incidents to the police and/or MSV as follows:
· If as a result of an accident involving a vessel on State waters any person is injured or dies or any property is damaged or destroyed, the person in charge of the vessel must report, in person and without delay, full particulars of the accident to the nearest police station.
· The owner or master of a commercial vessel that is involved in an accident must report, in writing and without delay, to Marine Safety Victoria full particulars of the accident.
· The owner or master of a commercial vessel that is involved in an incident in which any vessel or person is placed at risk of damage or injury must report, in writing and without delay, to Marine Safety Victoria full particulars of the incident.
In addition, all Volunteer Marine Search & Rescue Organisations (‘VolMSAR’) and the Victorian Water Police (‘WP’) are required to complete a Marine Incident Report form (‘MIR’) each time they are tasked to an incident. This report is submitted to the MSV database, the Marine Safety System (‘MSS’).
Incidents may also come to the attention of MSV through the media or witnesses.
Inspectors
Inspectors are appointed under Division 2 of the Act. An Inspector must carry an MSV Identity Card at all times and under s74 produce it before exercising a power under the Act and at any time during the exercise of a power, if asked to do so.
This does not apply if an inspector is exercising a power by telephone, radio or other electronic communication device; or is boarding a vessel in circumstances in which it is not practicable to produce his or her identity card for inspection.
Functions of Inspectors
The functions are described in s82D. An inspector must investigate and report to the Director on any of the following that the Director requires:
· whether the Act and the regulations, and the conditions of any licence or certificate issued or registration granted by the Director, are being complied with;
· any accident or incident reported to a member of the police force, or at a police station, under section 20(1);
· (c) any accident or incident reported to the Director under section 20(3) or 20(4);
· the nature and causes of an alleged accident involving a vessel or of any alleged damage to a vessel;
· the condition and adequacy of any vessel and its equipment;
· any other matter that, in the opinion of the Director, should be investigated for the purposes of this Act.
Evidence
The statements, documents and other items obtained during the course of an investigation may be used by MSV in the course of a prosecution in the Victorian Civil & Administrative Tribunal (VCAT).
Investigators should be mindful of the Rules of Evidence when taking statements. Also, a clear chain of evidence must be maintained, with appropriate steps taken to identify and secure items obtained during an investigation.
- Vince Scopelliti, Managing Director
In Part 2 we cover the power of Inspectors and Vessel Registration.
© Copyright LKA Group Pty Ltd
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