Process for issuing directions
Date issue released
Issue number
Issue Status
Open – Safety action pending
Transport Function
Shore operations
Issue Owner
Australian Maritime Safety Authority
Mode of Transport
Marine
Safety Issue Description

The Australian Maritime Safety Authority’s process to issue directions was inefficient and resulted in excessive time to issue directions allowing Portland Bay to enter Port Botany as a place of refuge. While this delay did not further prolong the emergency, such delays increase risk in time‑critical situations.

Issue Status Justification

To be advised

Proactive action
Action number
MO-2022-006-PSA-04
Organisation
Australian Maritime Safety Authority
Action Status
Monitor
Action description

The Australian Maritime Safety Authority (AMSA) advised the ATSB that it did not agree with this safety issue finding and that there were challenges with the issuing of directions in the incident involving Portland Bay. It advised that the following action has been taken since the incident:

  • A review of the National Plan made recommendations, accepted by the Infrastructure and Transport Senior Officials Committee, that legislation supporting emergency response arrangements be reviewed to ensure that it enables effective response to current and future incident types. This includes a review of the Protection of the Sea (Powers of Intervention) Act 1981 (POI Act).
  • The conduct of incident escalation exercises on a fortnightly basis. The exercises include AMSA Legal as a standing participant to address lessons identified by AMSA’s evaluation of the Portland Bay incident that early engagement was essential for consideration of directions being made under the POI Act.
ATSB Response

The ATSB notes with concern that AMSA does not agree with the investigation’s finding that its process for issuing directions was inefficient. Notwithstanding this, the ATSB welcomes the safety action that it has taken, which could adequately address the safety issue when implemented in conjunction with action to address the 3 other safety issues addressed to AMSA. In this regard, the ATSB notes the National Plan review recommendation for a review of the Protection of the Sea (Powers of Intervention) Act 1981 (POI Act).

However, the ATSB considers that the issue of directions in emergencies involving casualties with potentially severe consequences under the existing framework, which include the POI Act and AMSA’s procedures, can and should be completed in a timely manner to mitigate actual and potential consequences. Therefore, the ATSB has issued the following safety recommendation to AMSA.

Safety recommendation
Action number
MO-2022-006-SR-08
Organisation
Australian Maritime Safety Authority
Action description

The Australian Transport Safety Bureau recommends that the Australian Maritime Safety Authority (AMSA) takes safety action to adequately address this safety issue.