Susan McDonald (Queensland, National Party) Share this | Hansard source

I rise today to talk about the Marine Safety (Domestic Commercial Vessel) National Law Amendment (Improving Safety) Bill 2019, an important piece of legislation that is designed to save lives and ensure Australian tour and charter operators continue to uphold the high standards expected of them. I acknowledge the Western Australian senators Senator Sterle and Senator Brockman for their interest in and attention to this matter.

At points in time we have had problems with our transport—people being left behind after the dinner break on the Brisbane to Mount Isa bus route, or something similar. But these have not been serious matters in the way that being left at sea is. The tragic death of Damien Mills off Fremantle in 2014 was the subject of a coroner's inquiry, which heard from a crew member on that fateful journey who said, 'The more headcounts, the better.' The coroner agreed with this belief but found that the Australian Maritime Safety Authority had already decided to promote headcounts. The coroner also decided to leave the implementation of such measures to AMSA.

Senator Sterle and, indeed, the entire Senate Standing Committee on Rural and Regional Affairs and Transport are united in the belief that anything government can do to protect life is worthy of support; however, creating a new law seems hasty when the Rural and Regional Affairs and Transport Legislation Committee is yet to make its findings and recommendations on this matter. The government believes it would be preferable to amend the existing marine orders. Additionally, feedback from industry and associated experts is that they support AMSA's attempts to improve passenger safety and that any federal law should include a more diverse range of vessels than what is currently being proposed. In my home state of Queensland, where in the diving industry we've had the issue of passengers being left on the reef, there was the adoption of a code of conduct, which has worked well.

This bill removes the flexibility that was given to AMSA, the independent national safety regulator, which was charged by the parliament to use marine orders to specify the technical safety requirements that are the most effective in a given situation. The change could prevent or delay AMSA implementing more robust safety requirements in the future—for example, if better safety technology were to make headcounts redundant. While the bill is aimed at improving passenger safety, it does not contemplate the safety requirements that are actually needed for the vessels it regulates or excludes; therefore, the government cannot support the bill in its current form. However, we are very keen to work with Senator Sterle to reach a conclusion that addresses his and my concerns, and those of many people associated with the maritime industry. I would add that I and the RRAT committee look forward to AMSA doing something in this space urgently. Every day that goes by is another day of risk that someone else could endure the unimaginable horror of being left behind in the ocean. The truth is that marine operators are already keenly aware of their obligations and they are willing to work with AMSA on implementing robust safety systems and improving systems the operators have already got in place. I know that there are significant operators—again, in my home state of Queensland—that do count people on and off their crafts, sometimes up to as many as 200 people.

I would like to draw the Senate's attention to a case that is similar to Mr Mills's that happened in Queensland in 1998, when American tourists Thomas and Eileen Lonergan were left in the Coral Sea off Port Douglas after a diving trip and were never seen again. The whole state's diving industry quickly responded, realising that this tragedy could never be repeated. Key reforms were introduced a year after the Lonergans' deaths requiring tour operators to carry out mandatory counts of all people on board their vessels and to have a lookout aboard to supervise before, during and after dives.

Dive Queensland has had a strong code of practice in place since 1998 that is regularly probed and updated. As at 25 January 2018, the Cairns Post reported that Queensland was 'the only Australian jurisdiction to have specific legislation and codes of practice for recreational diving and snorkelling'. Other recent changes to the code include mandating automatic external defibrillators on all vessels or dive sites and requiring at-risk snorkelers to sign a medical declaration, easily identify at-risk snorkelers and requiring them to use a floatation device. Despite millions of people visiting the reef since 1998, there has only been one other person left behind after snorkelling—in 2011—but he swam to another boat and raised the alarm.

At present, AMSA is consulting on the improvements it will make to marine order 504 to enhance safety management on passenger vessels, and its draft marine order is currently out for public consultation. After this consultation, AMSA expects to make amendments to MO504 and release further industry guidance in April this year with requirements to come into effect from 1 July. AMSA has also submitted a brief of evidence to the Commonwealth Director of Public Prosecutions in relation to this most recent fatality and advised the RRAT committee of that in September 2019.

Again, I say that protecting the lives of all people who work and play in our waters is of paramount importance, but this bill should not be rushed in at a time when so much good work is starting to take place and before the Senate committee has completed its task. I express my sincerest condolences to the Mills family, and I wish to assure them of our continued attention in this matter.