Position Statement
New Safety Duty for Managers of Boating Activity Events
OUTLINE
The Ports and Marine Legislation Amendment Act 2017 created a new safety duty in the Marine Safety Act 2010 – with a very broad definition and a huge penalty (including a criminal conviction).
Definition: “boating activity event“—
(a) means an event on State waters that directly or indirectly involves vessel operations; and.
(b) does not include—
(i) a pyrotechnic display or show on State waters; or
(ii) groups of people cruising together in vessels on State waters in an informal manner;
Examples
Boat race, open water swimming race, water sports competition or exhibition, filming or promotional event, school kayak excursion.
Effect of the duty on managers of boating activity events:
Section 8 of the Ports and Marine Legislation Amendment Act 2017 inserts a new section “25A” in the Marine Safety Act 2010
The new section imposes a duty on a “person” who manages a boating activity event to, so far as is reasonably practicable, ensure the safety of participants in the boating activity event or persons affected by the boating activity event
The new safety duty is to give Transport Safety Victoria the regulatory responsibility and authority (to assist Worksafe Victoria) to ensure that risk management obligations are being adhered to when boating activity events are being organised and conducted.
TSV proposes to work with known event organiser/manager groups to codify best practice and issue guidance, for example the development of a code of practice for different activity areas e.g. fishing, sailing, outdoor education activities involving human powered vessels, etc.
BIAV POSITION/ACTIONS
BIAV is seeking further clarification with regard to the definition of a ‘boating activity event’ and, in particular, if this extends to ‘on water’ boat demonstrations and/or come and try activities.
Whilst having worked extensively to have this amendment stopped, BIAV accepts that it has passed parliament and we are therefore working with TSV and pushing for the development and circulation of the required Codes of Practice. When available, these will be shared with all BIAV members and briefings offered.
Updates
28 August 2018 -
OUTCOMES:
1. Boat Dealers exempted from Safety Duty in proposed Code of Practice
This Code of Practice for duty holders who manage boating activity events (the Code) provides guidance for a duty holder to review and assess their level of compliance with the Boating Event Safety Duty.
What is not a boating activity event?
s17 In addition, the following activities are not considered by Maritime Safety Victoria (MSV) to be a Boating Activity Event:
a. a retailer taking a prospective buyer for an on-water demonstration of a vessel
Reference: Draft Code of Practice for duty holders who manage boating activity events
2. Removal of Volunteers from Prosecution
The parliament of Victoria has passed the amendment to the Marine Safety Act 2010 that removes volunteers from prosecution under the Safety Duty for Managers of Boating Activity Events:
Marine and Fisheries Legislation Amendment Act 2019
Part 4 - Amendment of Marine Safety Act 2010
Section 11 - Definitions
In section 3(1) of the Marine Safety Act 2010, for the definition of marine safety worker substitute—
"marine safety worker—
(a) means a person who has carried out, is carrying out or is about to carry out marine safety work; and
(b) does not include a volunteer;".
06 August 2018 -
BIAV recently met with Transport for Victoria and Sailing Australia to discuss ongoing concerns regarding the legislation impacting negatively on club volunteers who are assisting in the management of ‘boating activity events’ -
BIAV was assured that the Marine Safety Act 2010 will be amended as soon as possible to remove the unintended consequences for club volunteers and trainees.
BIAV welcomes the proposed changes
LINKS/ATTACHMENTS
Letter of outcomes from July 31 Meeting (Sailing Australia 01/08/2018)
Advice from the Safety Director – Maritime Safety Victoria
Section 8: Ports & Marine Legislation Amendment Act 2017