TRANSPORT SAFETY VICTORIA PO Box 2797, Melbourne, Vi c, 3001 T 1800 223 022 E [email protected] Ref: DOC/14/67763 Bus & Rail F 03 9655 8929 Maritime F 03 9655 6611

17 April2014

Mr Neale Burgess MP Chair 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 VICTORIA­ SUPPLEMENTARY 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

2 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.

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

4 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

5 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

6 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 7 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

8 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 9 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.

10 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 For further information contact:

National Marine Safety Committee

Tel: (02) 9247 2124

Fax: (02) 9247 5203

Email: [email protected]

2 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

3

National Marine Safety Data Collection Reference Manual Version 1

1. PURPOSE At a meeting of the A TC in November 1995, Ministers asked that proposals be developed to The purpose of this document is to set out the address the identified deficiencies. In response, concepts, data standards, and definitions to be Marine and Ports Group (MPG) developed a draft set applied when coding data in relation to marine of goals and guiding principles as a step towards a incidents. This document was produced to ensure national maritime safety strategy and a draft Action that consistent and comparable information on such Plan to address the deficiencies. incidents may be collected and used to assist in the formulation, monitoring and measurement of uniform A key goal of the draft National Maritime Safety marine safety policy and legislation throughout Strategy is "a national maritime safety system which Australia and New Zealand. is developed and implemented on the basis of sound information and analysis and is monitored regularly" (Goal 5). 2. APPLICATION At the meeting of MPG in May 1996, MPG agreed This reference manual is for use by marine incident that safety initiatives should be based on an coders, marine investigators and data analysts understanding of relative risk and "best practice" working in the marine safety area. The National measures, and that programs should be monitored Marine Safety Minimum Data Set and definitions and evaluated for effectiveness and efficiency. MPG described in this manual apply exclusively to noted that, as a high priority, improvements should incidents involving recreational and small be made to current data collection processes to commercial vessels, (i.e: vessels licensed or provide for greater consistency in definitions and surveyed under jurisdictional legislation). Incidents coverage. involving trading vessels which require investigation At that meeting, MPG agreed that: and reporting by the Australian Maritime Safety Authority may use similar data definition and data • jurisdictions should develop an effective risk items to that contained in this reference manual, management and resource allocation strategy however, it is not intended to merge the two data and a program fo r countermeasure evaluation in sets at this time. The current diversity in the nature marine safety; of incidents and their investigation between trading ships and recreational and small commercial vessels • MPG members should develop consistent data makes the merging of data collection impractical at systems for analysis, resource allocation and this stage. evaluation. Jurisdictions would maintain their own marine incident systems based on agreed core incident categories, and download data to a 3. BACKGROUND central agency database for summary reporting and analysis at a national level; In October 1994, Transport Ministers at the Australian Transport Council (ATC) endorsed a • in the interim, jurisdictions will agree to develop proposal for a review of maritime safety common definitions fo r marine incident and injury arrangements in Australia. A report titled "Review of severity levels and to publish marine safety Maritime Safety Arrangements in Australia, Phase 1" information in a consistent format. was completed by consultants in August 1995. The The goals and guiding principles of the draft strategy Report detailed significant deficiencies in maritime and the proposals for improving maritime safety data administrative arrangements in Australia, including systems were endorsed by the Standing Committee inconsistent regulatory practices and inconsistent on Transport (SCOT) in April 1996. standards applying between jurisdictions. A group representative of all marine jurisdictions in A specific deficiency identified by the consultant was Australia and New Zealand has developed this "inadequate measurement of safety outcomes due to document to ensure consistency of interpretation a lack of a common database or agreed approach to when inputting and reporting marine incident data. 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.

5 National Marine Safety Data Collection Reference Manual Version 1

4. REFERENCE MANUAL The requirement for comparative marine safety ASSUMPTIONS information lead to the development of the Nati onal Marine Safety Minimum Data Set (see Table 7.1) The data referred to in this manual is intended to and this Reference Manual. While the data set may reflect incidents which can actually be influenced by not include all marine safety incidents or marine changes in legislation or policy, either on a national safety data collected by jurisdictions, it is considered basis or, for cases specific to a particular the minimum information needed for formative location/condition, on a jurisdiction basis. national marine safety decision making. Additional data collected by jurisdictions may be used To ensure data input consiste!lCY and the data independently to identify j urisdiction specific marine system's integrity, it is essential that rules are safety problems/issues. established to clarify whether an event should be included in the marine safety data collection. To better understand the interpretation of various data items within the National Marine Safety Therefore, data standards and definitions have been Minimum Data Set, the definitions for the data items developed that assist with the assessment of which of Incident Type, Contributing Factors, Vessel events are to be included within the national marine Damage, Persons Involved and Inj ury Status are safety data collection. Examples of incidents which detailed in section 8. 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

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

6 National Marine Safety Data Co llection Reference Manual Version 1

5.2. Marine incident exclusions For example The cases described below are examples of • A loaded fi re-arm, spear-gun or hand spear being incidents where the application of the marine incident carried in an operating vessel accidentally definition is open to interpretation but are not discharges causing death, injury or damage. considered a marine incident. Examples include: • Incidents involving diving, snorkelling, swimming or other activities where the occurrence of the Incident after stabilised situation incident is not attributable to the operation of a A stabilised situation marks the end of an event; that vessel. For example - a diver, snorkeller or is, although other events may follow because of swimmer suffers a heart attack or decompression subsequent actions closely related to the first event, sickness (also known as the 'bends'). 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.

7 National Marine Safety Data Collection Reference Manual Version 1

6. GENERAL DEFINITIONS 7. OVERVIEW OF THE DATA ITEM STRUCTURE Vessel 1 The National Marine Safety Minimum Data Set has Any kind of boat, ship or other craft, designed for been developed to capture the basic description of a operation on water, regardless of size or means of marine incident and is comprised of four key propulsion. elements described below. A summary of the major data items within each element are listed in Table A vessel includes, for example - 7.1 and defined in section 8. • a barge, lighter or other floating vessel; • a sailboard; Incident description Provides data on the environment of the incident (ie: • a hovercraft or other surface effect craft; and location, time, weather, visi bility) and the nature of • an aircraft when it is on water or is taking off, or the incident (ie: incident type and severity). landing on water. • water skiers attached to a vessel, who are Vessels involved deemed to be part of that vessel. Provides information of the vessels involved. (ie: but excludes - damage, type etc). • a surfboard; and Persons involved • a surf ski. Provides demographic detail of the person in charge, the person at the helm, or any other person involved Operation of a vessel in the incidnet (ie:swimmer) as well as details of persons injured or killed. 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 Contributing factors berthed and which are damaged due to a natural Provides information on factors contributing to the disaster, eg: cyclone, flooding, violent storm; and incident. These may relate human, environmental or material factors. • derelict vessels.

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

8 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) visibility* 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 National Marine Safety Data Collection Reference Manual Version 1

8. DEFINITIONS OF DATA ITEMS Augusta; areas of water between the mainland and islands eg: Kangaroo Island, Rottnest Island; and The following are definitions of most, though not all, inland waters eg: lower reaches of the River Murray. data items contained in the National Marine Safety Minimum Data Set. A detailed description is The full list and description of partially smooth provided for those data items which may cause locations is contained in Appendix A. ambiguity when coding marine incident information from a data collection form or entry into a database. Jurisdiction In some cases, for example gender and age, it was not considered necessary to provide a description or The jurisdiction of an incident pertains to the State, definition. Territory or Country in which an incident occurred. Jurisdictions are to be notated as follows:

8.1. Incident Description NSW New South Wales This element of the National Marine Data Collection VIC Victoria contains the greatest number of data items. In some instances, the definition of an incident item may also OLD Queensland include definitions for specific examples of that data item, eg: collision includes 7 examples. It should be WA Western Australia noted that at this stage, for national reporting SA South Australia purposes, only the aggregate total for collision, grounding, fire/explosion, onboard incident and other TAS Tasmania personal injury is required NT Northern Territory However, jurisdiction's data analysis may benefit by utilising the more specific data items for the above ACT Australian Capital Territory aggregated Incident Types. Nl North Island, NZ

Location Sl South Island, NZ

Inland Waters Environmental Conditions Means any navigable water that is not tidal. For example a river, dam, lake or creek. Where a river Weather becomes tidal, only the non-tidal section will be Clear, hazy, cloudy, rain, flood. classed as inland waters, while the tidal section of that river will be classed as enclosed waters. Water Conditions

Enclosed Waters Calm, choppy, rough, very rough, strong current. Means any navigable tidal water such as a harbour, coastal bay, estuary, tidal creek or tidal river, but Wind does not include tidal waters identified as partially None smooth in Appendix A. light ( 1 ;::.: 8k ), Inshore Waters Moderate ( > 8 ;::.: 15k ), Means any open stretch of water extending laterally Strong ( >15 ;::.: 30K ), along the coast up to and including 2 nautical miles Storm ( over 30k ). (nm) offshore. It also includes bar entrances and tidal waters identified in each State as being partially smooth in Appendix A. Visibilitv Good, fair, poor. 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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Incident Type A vessel making contact with a wharf/ jetty/ A marine incident consists of a series of events. For pontoon/ boat ramp and causing damage to the classification purposes only ONE of these events vessel and/or wharf etc. must be selected. Grounding The nature of the incident code relates to the data which best describes the type of marine incident that A marine incident involving an operating vessel occurred. In deciding the nature of the incident, it is grounding may include any of the following the INITIAL OCCURRENCE in that incident which instances: should be selected from the data items listed below. 1 2 a) Grounding unintentiona/ ' For example: When a vessel unintentionally comes into A vessel contacts a submerged object and contact with the bottom of a waterway so that subsequently floods with water, then sinks. The the vessel ceases to be completely waterborne. nature of the incident should be recorded as collision This includes a vessel, either under command or with a submerged object. not under command, running aground, striking or pounding on rocks, reefs or shoals, but not Collision making contact with a beach or grounding intentionally. A marine incident involving the collision of an 1 2 operating vessel may include any of the following b) Grounding intentionat · instances: A vessel, under command, is put aground intentionally by the operator. An intentional a) Collision of vessels grounding of a vessel is not a reportable marine Striking together of two or more vessels, at least incident UNLESS the vessel is da maged in one vessel must be in operation or operating; some way that makes the incident reportable. but does not include striking a permanently fixed man-made object. Capsizing 2 b) Collision with a fixed object Vessel overturns so that the keel becomes A vessel striking a permanently fixed man-made uppermost or the vessel may lay on its side. object, eg : Aid to navigation, overhead bridge, sea walls, or groynes; and does not include Sinking 2 striking another vessel. A vessel becomes submerged and settles below the c) Collision with a floating object surface of the water. A vessel striking an object that is waterborne and is free to move with tide, current or wind and Swamping 2 is visible from the surface of the water; does not include living animals but does include A vessel fills with water particularly over the side carcasses and does not include striking another (that is, water is filling from the upper part of the vessel. vessel) but retains sufficient buoyancy to remain waterborne. d) Collision with an animal A vessel striking a living animal which may or Flooding may not be normally found in a marine environm·ent. A breach of the vessel's watertight integrity (that is, water filling from the lower part of the vessel) due to e) Collision with overhead obstruction the ingress of water into the vessel. The vessel may retain sufficient buoyancy to remain waterborne. Any part of a vessel making contact with power lines, or other overhead obstructions suspended above a waterway. Loss or presumed loss of a vessel A vessel has not returned as stated or intended prior f) Collision with submerged object to departure and may be considered to be missing at A vessel making contact with an object that is sea. waterborne and may be free to move with tide, or current and is NOT VISIBLE from the surface of the water eg: submerged container, Structural Failure submarine cable. This category does not Damage to a vessel due to the structural fa ilure of include groundings. the vessel's hull, superstructure, machinery or equipment due to such things as metal fatigue, g) Collision with wharf corrosion, broken welds, wood rot, insufficient

11 National Marine Safety Data Collection Reference Manual Version 1 materials in the construction of the vessel, excessive a) Hit by vessel or propeller stress or wear on any component. Examples include Person not on board a vessel is hit by a vessel dismasting of sailing vessels due to the mast being or vessel's propeller, this does not include a fall broken. overboard, ski ing or diving incident.

Loss of Stabilitv b) Skiing incident An incident where a person engaged in water­ The inadvertent movement of cargo, equipment or skiing is seriously injured or killed. Water-skiing other materials which affects the vessel's ability to includes aquaplaning and any similar activity return to an upright position when laterally displaced carried out in association with a vessel. but does not include loss of stability due to swamping or flooding. c) Parasailing incident An incident where a person engaged in Fire parasailing is seriously injured or . killed. Accidental burning of a vessel's fuels or their Parasailing is an activity utilising a parachute vapours or of any material on board a vessel. towed by a vessel to enable a person to become air-borne.

Explosion d) Diving incident Accidental explosion of any material on board a An incident where a person engaged in diving vessel including vessel fuel or their vapours. 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 Person Overboard using surface-supplied breathing apparatus, A person falls from a vessel into the SCUBA diving, breath-hold diving (also known water/sea/waterway. as free diving or skin diving) and snorkelling. e) Other personal injury caused by an operating Onboard incident vessel A marine incident involving an operating vessel Serious injury caused to a person NOT on board where any person suffers an injury onboard the a vessel (eg : swimmer, surfboard rider) due to vessel may include any of the following instances: the operation of a vessel; does not include a fall overboard, falls within vessel, crushing or a) Falls within vessel .pinching, hit by vessel or propeller, skiing or Person on board a vessel falls within the diving incident. confines of the vessel. b) Crushing or pinching Incident severity rating An incident where a person is crushed or Every incident requires a severity rating. The severity pinched by any part of the vessel or vessel's rating is based on the MOST SEVERE incident machinery due to the operation of the vessel. outcome recorded. There can only be ONE severity level in the classification of a marine incident. The c) Other onboard injury level of severity for a marine incident should be Injury caused to a person on board a vessel (eg: selected in the following order to reflect the most passenger, crew) due to the operation of the severe outcome first. The priority order is: vessel ; does not include a falls overboard, falls 1. Fatal incident ~ within vessel, or crushing or pinching. PERSONAL 2. Serious injury NOTE: 3. Vessel lost ~ If the onboard injury is a result of the vessel being VESSEL involved in an incident then the above Incident 4. Other vessel damage Type categories do not apply, as the injury are 5. Property damage~ PROPERTY considered an outcome of the Incident Type selected. 6. No Damage NOTE: Other Persona/Injury Personal injury is rated as being more severe than A marine incident involving an operating vessel any damage to a vessel or property. For example a where any person suffers an injury caused by a co llision may result in injury to one person and vessel, may include any of the following instances. severe damage to a vessel and property. However

12 National Marine Safety Data Collection Reference Manual Version 1 in assigning a severity rating , the incident would be 8.2. Vessels Involved rated as severe injury. The severity classification provides marine safety Vessel Damage practitioners with an effective method of collating the Vessel Damage refers to the damage received by severity outcome of an incident by removing the bias each vessel due to the occurrence of a marine caused with the involvement of multiple persons and incident. vessels. Each of the persons or vessels involved could have varying levels of injury or damage For the purposes of the following explanations, the respectively. However by applying an incident seaworthiness of a vessel refers to the severity rating only the most severe outcome is assessment of the condition of a vessel's hull, considered. The individual injury status or vessel machinery and equipment as safe and proper to damage will be collected separately under Persons undertake a specified voyage. Involved and Vessels Involved data items. Vessel lost Fatal Incident A vessel that is considered to be a total constructive An incident where at least 1 person is killed - see loss due to damage received from involvement in a definition of fatality in section 8.3 marine incident.

Serious iniurv incident Ma;or vessel damage An incident where at least 1 person receives a Damage to any vessel involved in a marine incident serious injury, but there are no fatalities. - see which renders the vessel unseaworthy. definition of serious injury in section 8.3 Moderate vessel damage Vessel lost Incident Any vessel involved in a marine incident wh ich is An incident where at least 1 vessel is lost, but there damaged but remains seaworthy. are no injuries or fatalities. - see definition of vessel lost in section 8.2. No damage A vessel involved in a marine incident received no Other vessel damage Incident damage. An incident where at least 1 vessel receives major or moderate damage - see definition of major and moderate damage in section 8.2. Vessel Details

Commercial Vessel 9 Propertv damage onlv incident Any vessel, other than one under the control of the An incident where no injuries or vessel damage Department of Defence, that is operated in occurred, but there was some property damage. connection with a commercial transaction of any Damage to property indicates that damage occurred kind, including operation - to a fixed structure (eg: wharf/jetty, or aid to as a business; navigation) during an incident involving a vessel. • • as a service; • for profit; or No damage incident. • for research . In this situation an incident was reported (based on the incident definition) but no damage or injuries a) Passenger Vessel. (USL Code 1A to 1E ) occurred. 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)

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A vessel used or intended to be used for Steel catching fish, whales, seals, walrus or other living resources of the sea but excluding any Fibreqlass/GRP vessel: Aluminium • engaged in harvesting or transportation of Ferro-cement algae or aquatic plants; or Timber • that is primarily a mother vessel. Other d) Hire and Drive Vessel 9 Means any boat or vessel which is let for hire or 8.3. Persons Involved reward or for any other consideration whatsoever, including vessels provided in conjunction with holiday establishments or Details of Person in Charge (Master of hotels for the use of guests or tenants, and vessel) which the hirer uses solely for pleasure A 'person in charge' is defined as the person having command or charge of the vessel at the time of the Recreational Vessel incident. The completion of details on the person in charge of any vessel involved in marine incidents A vessel held solely for the purposes of recreational provides a basic demographic profile. or sporting activities and not for hire or reward. 1 As well as establishing the age and gender of the a) Motorboat 10 person in charge of the vessel, the profile indicates whether the person was authorised to be the person Means any vessel, other than a houseboat, in charge, the type of ce rtificate or licence held and which is propelled by mechanical power. their length of experience at that particular b) Houseboat 10 authorisation level. A definition of these data items follows: Means any vessel, boat or pontoon having a fixed house above the deck with accommodation which may be used by persons residing on Qualifications board for an overnight period or longer, and which is propelled by mechanical power. a) Type of certificates/licence Listing of certificates or licence held by the c) Paddle (Row) Boat person in charge of any vessel involved in a Means any vessel propelled solely by oars, marine incident. Certificates are applicable to paddles or other manual devices. commercial vessels, while licences may apply to recreational vessels, if required under the d) PWC (Jet ski) jurisdiction's legislation in which the incident A power-driven vessel that: occurred. • has a fully enclosed hull, and b) Certificates/licence date of issue The date of issue for each certificate of licence • does not retain water taken on if it capsizes, provides a surrogate measure of the pe rson in and charge's length of experience, but not • is designed to be operated by a person competency, at that particular certificate or standing, sitting astride or kneeling on the licence level. vessel but not seated within the vessel. c) Validity of qualifications 6 e) Sailing Boat This data item indicates whether the person in Any vessel under sail provided that propelling charge of the vessel involved in the marine machinery, if fitted , is not being used. incident was correctly authori sed to be in charge of the vessel at that time. 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

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• Valid Qualifications The person in charge had the correct and a) Type of certificates/licence current certificate/licence to be in charge of Listing of certificates or licence held by the the vessel at that time. person in charge of any vessel involved in a • Not Valid marine incident. Certificates are applicable to commercial vessels, while licences may apply to The person in charge did not have the recreational vessels, if required under the correct and current certificate/licence to be jurisdiction's legislation in which the incident in charge of the vessel at that time. occurred.

• Not Required b) Certificates/licence date of issue Applies to incidents where authorisation to The date of issue for each certificate of licence be the person in charge of the involved provides a surrogate measure of the person in vessel is not required under that charge's length of experience, but not jurisdiction's legislation. competency, at that particular certificate or licence level.

Details of the person at the helm of the c) Validity of qualifications vessel at the time of the incident This data item indicates whether the person in A 'person at the helm' for the purposes of this data charge of the vessel involved in the marine collection shall be defined as 'A person who is incident was correctly authorised to be in charge actually at the helm of a vessel at the time of the of the vessel at that time. incident, but may not necessarily be the owner or the person in charge of the vessel.' • Valid The completion of details on the person at the helm The person in charge had the correct and of any vessel involved in marine incidents provides a current certificate/licence to be in charge of basic demographic profile. the vessel at that time.

As well as establishing the age and gender of the • Not Valid person at the helm of the vessel, the profile indicates the usual role of the person on the vessel, and The person in charge did not have the whether the person was qualified to be at the helm. correct and current certificate/licence to be A definition of these data items follows. in charge of the vessel at that time. • Not Required Cateqorv!role of the person at the helm Applies to incidents where authorisation to The category of the 'person at the helm' indicates the be the person in charge of the involved usual role of that person on the vessel involved in vessel is not required under that the incident. A person may only have ONE 'category jurisdiction's legislation. of person at the helm' type. For example, a person at the helm may be the person in charge of a vessel Details of deceased/injured persons but cannot be considered a crew member. Categories of the person at the helm may include the The details of any person killed or injured in a marine following: incident are to be recorded, whether or not the person was on boa rd a vessel. The completion of a) Passenger the following details for persons either killed or Person/s carried on a vessel other than the injured in marine incidents provides a basic person in charge (master) and members of the demographic profile. crew, if a commercial vessel. As well as establishing the age and gender of the killed or injured, the profile indicates the activity of b) Person in Charge the person at the time of the incident, their injury The person having command or charge of the status, and the blood alcohol level of any persons vessel. killed. A definition of these data items follows: c) Crew member Activitv of deceased/injured persons A person who works on a vessel or is considered a member of the crew. Applies to Activity of persons ki lled or injured relates to their commercial vessels only. 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

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member. The data items and their definitions include A person involved in a marine incident suffers those shown under the 'Category of the person at any injury requiring first aid, medical or the helm' item above; plus additional data items outpatient attention but does not require admission to hospital. a) passenger on vessel b) person in charge d) Missing person A person who is aboard a vessel at the c) person at helm commencement of a voyage but disappears at d) crew sea or in a waterway and cannot be confirmed as deceased. For reporting purposes, a missing e) swimmer person is considered deceased if not found f) water -skier within 30 days unless subsequently found alive. g) jet-skier BAC of deceased. h) para-flier A quantifiable measure of the level of a deceased i) surf ski/surf board rider person's blood alcohol content taken at the time of j) diver. the post-mortem . k) other 8.4. Contributing Factors lnjurv status Contributing factors relate to the behaviour or circumstances that best describe the major reason a) Fatality for a marine incident occurring. There may be A person involved in a marine incident was ki lled several factors that contributed to an incident - major during the incident or died within 30 days of the factors should be chosen from the data items listed incident; where death is attributable to injuries below. sustained during the marine incident or the NOTE: person is considered missing at sea. Full consideration should be given to the reason for Fatality Exclusions: the incident occurring. Improved analysis of data, A person who dies within 30 days of the incident and the subsequent identification of preventative but not from injuries sustained in the incident measures, is only possible if coders reduce the (eg: the person dies from a disease condition inclusion of the broader categories such as such as cerebral haemorrhage, heart attack or inexperience and error of judgement whenever diabetic coma). possible.

b) Serious injury A person involved in a marine incident suffers Human Factors any injury requiring admission to hospital. Alcohol or drugs The following examples of some incidents, which could be considered open to Person in charge of the vessel, at the helm or other interpretation, are to be included as a serious party identified as contributing to the incident is injury marine incident. found to have a blood alcohol content equal to or exceeding the legal drink-driving limit; or is under the For example influence of alcohol or drugs as stated in the • A person suffering a heart attack is involved appropriate legislation of each jurisdiction. in a marine incident (eg colliding with another vessel) causing injury to other persons and Error of judgement property damage. The person suffering the heart attack would not be included as a Person who has charge of a vessel makes an marine incident injury. However, the other incorrect decision concerning the operation of the injured parties and any relevant property vessel which an investigator has attributed to be a damage are included within the definitions primary cause of the mari ne incident. This does not and should be recorded as a marine incident. include navigational errors.

• A person dies as a result of a marine incident 5 but outside the 30 day period would still be Excessive speed recorded as an injury due to a marine At least one of the vessels involved in a mari ne incident. incident was exceeding a safe speed for-

c) Minor injury

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• the area or body of water where the incident Material Factors occurred; Inadequate stability • the prevailing atmospheric conditions; or When a vessel's centre of gravity does not lie vertically below its centre of buoyancy i.e: • the vessel's construction at the time of the inadequate stability equates to a vessel not having a incident. positive GM. OR at least one of the vessels involved exceeded the legal speed limit for the area or body of water Equipment Failure where the incident occurred. a) Electrical Failure to keep a proper lookout Complete or partial failure of electrical systems which leads to death, injury, loss or damage of At least one person, either the person in charge of the vessel, or damage to property and includes the vessel, the person at the helm of the vessel, or an flat battery. crew (passenger in the case of recreational vessels), involved in a marine incident failed to keep a proper b) Navigation lookout using all means available, i.e:. sight, sound, Failure of navigational equ ipment on a vessel electronic aids etc. (eg: navigation equipment, radar, radio but not steering equipment, battery or machinery). Fatigue c) Machinery Fatigue is where a person is weary from mental or Failure of machinery on a vessel and includes physical exertion which may or may not be gear hooked up (the trawling gear of a vessel associated with extended periods on duty or at work "hooks up" on a submerged object or bottom of without a break from those duties. the water/sea/waterway), steering equipment failure, engine failure, and other machinery Inexperience failure (deck winches, pumps, etc.).

Experience is considered to be limited or insufficient d) Hull Failure to either identify the risk of a marine incident or to take action to prevent a marine incident occurring. Collapse, breach or stress of the vessel's hull.

Insecure mooring Environmental Factors Mooring used to secure a vessel was inadequate. Restricted visibility

Lack of fuel Visibility distances indicate the distance at which an object is clearly recognisable. Restricted visibility The vessel carried insufficient fuel for the voyage would denote a visibility of less than 3 nautical miles causing the vessel to be disabled. and describes a condition of both poor visibility and fog . Lack of maintenance Failure to adequately maintain the hull, equipment, Bar Conditions battery or machinery of the vessel was concluded by Sea conditions at or near a coastal bar crossing are an investigator as a major factor for the vessel's considered to be dangerous or hazardous. Bar involvement in a marine incident. conditions are not to be used in conjunction with hazardous waters. Navigational error Where a person who has charge of the vessel either Wash of a passing vessel navigates incorrectly although they have exercised The displaced water from a passing vessel created a due caution, or who navigates incorrectly but does situation where a marine incident occurred. not exercise due caution. Floating or submerged object Overloading Any floating or submerged object which is The vessel was carrying weight or persons in excess considered to be an environmental hazard to of the vessel's approved/recommended capacity ( navigation. For example - shipping container, manufacturer's recommendation or surveyor's industrial garbage bin, logs. approval).

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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.

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9. REFERENCES 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

10.

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INDEX

A G Activity of deceased/injured persons, 15 Grounding, 11 Alcohol or drugs, 16 Grounding intentional, 11 Application, 5 Grounding unintentional, 11

B H BAC of deceased, 16 Hit by vessel or propeller, 12 Background, 5 Houseboat, 14 Bar Conditions, 17 Hull Material, 14 Human Factors, 16 c Capsizing, 11 Category/role of the person at the helm, 15 Inadequate stability, 17 Causal factor unknown, 18 Incident Description, 10 Certificates/licence date of issue, 14, 15 Incident Type, 11 Collision, 11 Inexperience, 17 Collision of vessels, 11 Injury status, 16 Collision with a fixed object, 11 Inland Waters, 10 Collision with a floating object, 11 Insecure mooring, 17 Collision with an animal, 11 Collision with overhead obstruction, 11 Collision with submerged object, 11 J Collision with wharf, 11 Jurisdiction, 10 Commerical Vessel, 13 Contributing Factors, 16 Crushing or pinching, 12 L Lack of fuel, 17 D Lack of maintenance, 17 Loss of Stability, 12 Damage to Property, 13 Loss or presumed loss of a vessel, 11 Definitions of data items, 10 Details of deceased/injured persons, 15 Details of Person in Charge, 14 M Details of the person at the helm of the vessel at the time Major vessel damage, 13 of the incident, 15 Marine incident definition, 6 Diving incident, 12 Marine Incident Exclusions, 7 Minor injury, 16 E Missing person, 16 Moderate vessel damage, 13 Enclosed Waters, 10 Motorboat, 14 Environmental Factors, 17 Equipment Failure, 17 Error of judgement, 16 N Excessive speed, 17 National definition of a marine incident, 6 Explosion, 12 National Marine Safety Minimum Data Set:, 9 Navigable water, 8 F Navigational error, 17 No damage, 13 Failure to keep a proper lookout, 17 Falls within vessel, 12 Fatality, 16 0 Fatality Exclusions, 16 Offshore Waters, 10 Fatigue, 17 Onboard incident, 12 Fire, 12 Onshore Waters, 10 Floating or submerged object, 18 Operation of a vessel, 8 Flooding, 11 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

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p Severity classification of a marine incident, 12 Sinking, 11 Parasailing incident, 12 Skiing incident, 12 Partially Smooth Waters, 10 Structural Failure, 11 Passenger. 15 Swamping, 11 Person in Charge, 15 Person Overboard, 12 T Persons Involved, 14 PURPOSE, 5 Tidal conditions, 18 Type of certificates/licence, 14, 15 Q

Qualification of person in charge, 14, 15 v Vessel Damage, 13 R Vessel Details, 13 Vessel lost, 13 Recreational Vessel, 14 Vessels Involved, 13 Reference manual assumptions, 6 Visibility, 10 References, 19 Restricted visibility, 17 w Wash of a passing vessel. 18 s Water Conditions, 1 0 Sailing Boat, 14 Weather, 10 seaworthiness of a vessel, 13 Wind, 10 Serious injury, 16 Wind/Sea state, 18

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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. Prin ce 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 li ne 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 all 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 li ne 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 Rive r. 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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12.3. Operation of a vessel 12. Appendix B: Examples and An incident is only considered to fall within the Scenarios -A guide in definition of a marine incident when it occu rs in determining when a marine connection with the operation of a vessel. The following outlines the conditions under which a incident occurs vessel is considered to be in operation: A vessel is underway, ie. not stationary. 12.1. Close Quarter Incidents A vessel is anchored and manned. Close quarter incidents generally do not fall within the definition of what is a marine incident. The only A vessel is berthed and manned. times they might be considered a marine incident A vessel is NOT considered to be in operation is when they lead to one of the outcomes as listed under the following circumstances: under section 5.1 of the data collection reference manual. However, these outcomes would be rare A vessel is anchored and unmanned. in occurrence and it is likely that the majority of close quarter incidents are not within scope. A vessel is berthed and unmanned. Derelict vessels

Some jurisdictions may wish to collect all close Related Scenarios quarter incidents for their own purposes, but at this A vessel is found drifting on the water stage such incidents will not be collected by the unmanned. It is considered to be in operation as it Secretariat. is underway (not stationery). A storm/natural event causes damage to 12.2. Swimmers and Surfers unmanned vessels which are berthed. These If an incident occurs involving ONLY persons not vessels are not considered to be in operation. on an operating vessel (swimmers, surfers, surf-ski However if the vessel was manned or underway at riders, ect), these incidents are not considered to the time, it would be considered in operation and in be a marine incident. If an operating vessel is this scenario would be recorded as a marine involved in any way and conditions 1-8 under incident. section 5.1 are met, then the incident falls within Note: A vessel considered to be in operation is not the scope of the marine incident definition and sufficient by itself for a marine incident to have would be recorded as such. occurred. For a marine incident to have occurred , Related Scenarios - NOT considered to be a the vessel must be in operation in addition to marine incident causing or involving one of the eight items under section 5.1 of the data collection reference manual. 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 12.4. Types of Vessels person could reasonably have navigated All vessels are covered within the definition of a himself/herself to shore with the vessel. marine incident except for the following: A diver or swimmer from an operating Surfboards/body boards vessel suffers a heart attack or decompression sickness whilst in the water. Surf ski's A person onboard a vessel acts in a If two or more vessels are involved in an incident, it deliberate manner against a person or another is required that at least one of the vessels is vessel on the water. covered within the definition of a marine incident. A person jumps off a vessel voluntarily and drowns. 12.5. Onboard Incidents Whether onboard incidents are considered within Related Scenarios -Considered to be a marine the definition of what is a marine incident depends incident on their nature. A diver/swimmer/board-rider gets accidentally hit by an operating vessel which Onboard incidents - Considered to be a marine incident results in injury or death. A person is physically injured due to the A person falls off a vessel involuntarily (eg. movement of a vessel in rough seas by tripping or losing balance) which results in death or injury.

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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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