Preliminary Pages
Foreword
Australians love to travel, to see new places and experience
other cultures. More and more of us are doing this by cruise ship, and cruising
is becoming more popular in Australia year after year. Like any other
international travel, cruising has its risks, and this inquiry has focussed on
preventing crime and accidents from occurring on cruise ships, as well as
making sure that justice is served when crimes are committed.
When crimes occur at sea, the results can be profoundly
tragic. Most Australians know the name Dianne Brimble because of her horrendous
death in 2002, because of the poor response of P&O, operators of the ship
on which she died, and because of the subsequent coronial inquiries into
persons of interest. Although the industry has cleaned up its act since 2002,
there is still more for the Australian Government and industry to do to keep
Australians safe on cruise ships.
International law puts limits on what Australia can do as a
nation. As a Committee, we are disappointed that the Australian Government
cannot do more because of those limits. However, the complexity of
international law is no comfort to victims of crime on cruise ships, and
neither should it be an excuse for government inaction. We have identified the
other ways that the Australian Government can make cruising safer and improve
justice for victims of crime on cruises.
I would like to make a special note of thanks to Mark
Brimble, the former husband of Dianne Brimble. Mark fought for years to ensure
that justice was served for Dianne’s death, and he has made an enormous
contribution to the safety of all cruise passengers, around the world. He gave
valuable assistance to the inquiry, and his evidence has been crucial to the
Committee’s deliberations and to this report. Mark’s tireless and unwavering
commitment to justice, and to the safety of all cruise passengers, has been
inspirational to many people, and on behalf of all Australians, I thank him for
his steadfastness.
This inquiry has highlighted the risks of cruising, and the
Committee is convinced that more can be done to keep Australians safe on cruise
ships. With increasing numbers taking cruises, the Australian Government must
act in every direction to the limits of its capacity, and the industry must
commit itself to investing in an even safer cruising environment. Past
tragedies have shown us what needs to be done, and I look forward to seeing
action to ensure that tragedies and mistakes do not occur again.
Graham Perrett MP
Chair
Membership of the Committee
Chair
|
Mr Graham Perrett MP
|
|
Deputy
Chair
|
The Hon. Judi Moylan MP
|
|
Members
|
The Hon. Laurie Ferguson MP
(From 22 April 2013)
The Hon. Shayne Neumann MP
(To 22 April 2013)
Ms Michelle Rowland MP
Ms Laura Smyth MP
The Hon. Dr Sharman Stone MP
Mr Ross Vasta MP
|
|
Committee Secretariat
Secretary
|
Dr Anna Dacre
|
Inquiry
Secretary
|
Mr Thomas Gregory
(from 18 March 2013)
Ms Natalya Wells
(until 8 March 2013)
|
Senior
Researchers
|
Dr John White
Ms Lauren Wilson
|
Terms of reference
The Committee will inquire into the arrangements surrounding
crimes committed at sea, with a focus on crimes against the person.
The Committee will, having regard to the principles of
international law:
(a) examine the effectiveness of current arrangements for
the investigation and prosecution of alleged offences under the Crimes at
Sea Act 2000 and the Intergovernmental Agreement–Crimes at Sea 16 November
2000;
(b) examine the cross jurisdictional issues that face the
States, Territories and the Commonwealth, including the overlap of various
coronial jurisdictions;
(c) consider whether improvements could be made in relation
to the reporting, investigation and prosecution of alleged crimes committed at
sea; and
(d) examine support available to victims of crime committed
at sea.
List of abbreviations
ASA
|
Australian Shipowners Association
|
CCTV
|
Closed-circuit television
|
CLIA
|
Cruise Lines International
Association
|
CDPP
|
Commonwealth Director of Public
Prosecutions
|
DFAT
|
Department of Foreign Affairs and
Trade
|
FBI
|
Federal Bureau of Investigation
(USA)
|
Government Response
|
The Government Response to the
recommendations of the NSW Coroner’s inquiry into the death of Ms Dianne
Brimble
|
ICVA
|
International Cruise Victims Association
|
IMO
|
International Maritime
Organisation
|
Intergovernmental Agreement
|
The Intergovernmental Agreement –
Crimes at Sea 2000
|
Kerry Act
|
The Cruise Vessel Safety and
Security Act 2010 (USA)
|
Legal Advice
|
Legal Advice obtained by the
Committee from the Australian Government Solicitor relating to ‘Imposition of
conditions on port access for cruise ships: requirements regarding crimes at
sea’
|
Milledge Recommendations
|
The NSW Coroner’s inquiry into
the death of Ms Dianne Brimble
|
MOB detection
|
Man-overboard detection systems
|
NPRCS
|
National Protocols for Reporting
Crimes at Sea
|
NSWPF
|
New South Wales Police Force
|
RSA
|
Responsible service of alcohol
|
SA Commissioner
|
South Australian Commissioner for
Victims’ Rights
|
TSB
|
Territorial sea baseline
|
UNCLOS
|
United Nations Convention on the
Law of the Sea
|
List of recommendations
Recommendation 1
The Committee recommends that the Australian Institute of
Criminology should compile, maintain and publish statistics on crimes committed
at sea by or against Australians.
Recommendation 2
The Committee recommends that the Australian Government
dramatically increase its efforts to achieve greater cruise passenger safety
and crime prevention strategies within the International Maritime Organisation
and other organisations as appropriate, including pursuing cooperative
agreement for the following urgent priorities:
The
installation and real-time monitoring of CCTV;
The
installation of 'man-overboard' alarm systems to alert on-board security to
passengers going overboard;
The
adoption of reporting protocols analogous to those in the Kerry Act; and
A Responsible
Service of Alcohol code.
Recommendation 3
The Committee recommends that the Australian Government vote
in favour of the Guidelines on the preservation and collection of evidence
following an allegation of a serious crime having taken place on board a ship
or following a report of a missing person from a ship, and pastoral and medical
care of persons affected, at the upcoming International Maritime
Organisation Assembly in November 2013.
Recommendation 4
The Committee recommends that the Australian Government
conduct a comprehensive review and report on cruise vessel operators’ liability
for cruise tickets purchased in Australia, including Australia’s capacity to
provide legislative safeguards for Australian consumers.
Recommendation 5
The Committee recommends the Australian Government legislate
such that all cruise operators must distribute to all cruise passengers, when
boarding a cruising vessel at an Australian port, a brochure that provides
information on the following:
What
to do in case of an accident or a potential crime being committed on board;
The
rights of passengers in the case of injury or death;
The
numerous jurisdictions that may apply to a vessel that is travelling through
numerous national waters and international waters;
Contact
details for cruising operator support services, as well as other support
services, such as rape crisis services;
Contact
details for Australian consular assistance throughout the world; and
Contact
details for Australian Police agencies.
Recommendation 6
The Committee recommends the Department of Foreign Affairs and
Trade provide general safety advice on the Smartraveller website about
cruising and how passengers may ensure their own safety, as well as providing
individual advice on each major cruising operator visiting Australian ports.
Recommendation 7
The Committee recommends the Australian Government make vessel
operators’ use and enforcement of the IMO Guidelines on the preservation and
collection of evidence following an allegation of a serious crime having taken
place on board a ship or following a report of a missing person from a ship,
and pastoral and medical care of persons affected a condition of entry to
Australian ports, should the Guidelines be adopted by the IMO Assembly.
Recommendation 8
The Committee recommends the Australian Government develop
crime scene management protocols (in collaboration with all Australian police
forces), with which vessel operators would need to comply in order to access
Australian ports.
Recommendation 9
The Committee recommends the Australian Government develop and
legislate for a mandatory crime at sea reporting scheme, with which vessels
would have to comply in order to enter Australian ports. Under such a scheme,
reports must be made:
Of
allegations about criminal acts that are crimes under the Crimes At Sea
Act regime;
Where
the accuser or accused is Australian.
Such reports must be made to an Australian police force as
soon as possible after a member of the vessel’s staff becomes aware of the
act or allegation.
Recommendation 10
The Committee recommends that the Australian Government, in
cooperation with the States, establish a regular timeframe and formal process
for reviewing the National Protocols for Reporting Crimes at Sea
Recommendation 11
The Committee recommends that the Australian Government, in
cooperation with the States, establish a formal protocol ensuring clarity in
the arrangements between the Australian Federal Police and State Coroners.