THE NEW SAFETY DUTY OF MANAGERS OF BOATING ACTIVITY EVENTS IS IN EFFECT

The Ports and Marine Legislation Amendment Act 2017 creates a new safety duty in the Marine Safety Act 2010 - with a very broad definition and a huge penalty (including a criminal conviction).
Section 8 of the Ports and Marine Legislation Amendment Act 2017 inserts a new section “25A” in the Marine Safety Act 2010. This 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.

"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           
 
The new safety duty is to give Transport Safety Victoria (TSV) 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.

For further information please contact Ben Scullin: ben@biavic.com.au