This inquiry was established as a means of reviewing the performance and operations of the Australian Maritime Safety Authority (AMSA), with a particular emphasis on the death of Mr Damien Mills whilst he attended a function aboard the charter vessel Ten-Sixty-Six, operated by the Dolphin Dive Centre Fremantle (DDCF).
Initially, the committee was largely concerned with the decision-making processes within AMSA around whether to launch prosecutorial action in relation to the death of Mr Mills, as well as marine safety measures such as headcounts. However, as the inquiry progressed the committee pursued numerous other avenues of inquiry including legislative grandfathering arrangements; AMSA's regulatory functions and performance; and issues around centralisation and complexity under the national system.
Overall the committee has found the progress on improving marine safety frustrating. Evidence received throughout the inquiry from various parties has led to the perception that AMSA have been slow, or even at times reluctant, to instigate the necessary legislative and enforcement action required. While the committee welcomes the changes that have been made so far, particularly around headcounts, it is five years since the death of Mr Mills, and the committee is strongly of the view that this has been unnecessarily long. Improvements to safety should have been enacted much sooner.
Headcounts in relation to the death of Mr Mills
The central focus of the inquiry has always been the tragic death of Mr Damien Mills, the circumstances of his death, and how something similar could be prevented from happening in the future.
The revelations of the coronial inquest exposed the gaps and limitations in the current requirements around headcounts and monitoring of passengers on DCVs. The committee heard harrowing evidence that if more stringent requirements were in place, and acted upon, it would be highly likely Mr Mills would have been found alive.
To this end the committee commends AMSA's amendments to Marine Order 504. The committee accepts that it is difficult to prescribe operational matters across a diverse range of vessels with diverse purposes. That said, the length of time the committee has pressed for improvements, even to the point of Senator Sterle's efforts to expedite the process through his Private Senator's Bill, is concerning.
The investigation and scope for prosecution in relation to the death of Mr Mills
The report traces, in some detail, the processes undertaken by respective state agencies and AMSA to investigate the matters pertaining to the DDCF and the challenges in taking disciplinary action against the owner and operator of the DDCF. At the time, responsibilities and authority for investigation, compliance and enforcement were shared between three agencies under an intergovernmental agreement.
The committee notes that the reports by both the Western Australia Department of Transport and the WA Police recommended that charges should be considered against the master of the Ten-Sixty-Six vessel, for breaches of general safety duties under section 16(1) of the National Law.
The committee recognises that AMSA has recently undertaken further investigations in the case against DDCF and the master of the Ten-Sixty-Six and have sought a prosecution assessment from the Commonwealth Director of Public Prosecutions, to which they are awaiting a response. However, the long and drawn out process to get this far has been highly concerning to the committee and has added to the ongoing distress endured by the Mills family.
The committee hopes that this inquiry will lead AMSA to improve its processes, and therefore make it better placed to implement necessary regulatory improvements in a more timely and effective manner moving forward.
Areas for review and reform
The committee suggests that the time is right for a holistic, independent review of marine safety legislation, especially in light of the evidence considered during this inquiry, and several coronial inquiries.
The complexity and diversity of the types of vessels that AMSA is responsible for, as well as the resourcing and administration required to centralise the marine safety regulatory system, is, and was always likely to be, a huge challenge. Many submitters, while sympathetic to the challenges, were critical of AMSA's performance to date.
The committee are cognisant of the challenges AMSA has faced around data collection from state and territory jurisdictions, as well resourcing and time constraints. However, the committee is of the view that AMSA should continually assess whether the legislation it administers is fit for purpose; that resourcing is adequate to carry out its functions; and whether timelines for required action are reasonable and achievable. If there are issues which cannot be overcome, it is for AMSA to communicate its requirements to government and not place the burden on the sector to work in a regulatory environment unfit for purpose, or where safety is compromised due to inadequate oversight.
Grandfathering
The committee is cognisant of the scale of applying modern safety standards across the 27 000 or so DCVs. While the committee expects over time the regulatory inconsistencies will dissipate as older vessels go off line, there are still some in place that need to be addressed, particularly around a vessel's physical safety standards, and the adequacy of crewing arrangements. The committee is also mindful that the legislative and regulatory framework must keep pace with the changing industry, and to this end will be maintaining a watching brief on how he regulatory regime moves forward in ensuring the industry meets contemporary operational safety standards into the future.