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Covid-19 – Federal Restrictions

AUSTRALIAN FEDERAL RESTRICTIONS

Please Note:

State and Territory rules apply in addition to National Federal rules and which must also be complied with for ports within that state or territory.

Each port may also have additional rules/requirements of its own.

Page last updated: 27 July 2020 - see Visa-related content.

Material below in red: 16 July 2020

Earlier this month an extensive outbreak of COVID-19 in the Australian state of Victoria has caused the authorities to impose a wide range of restrictions. An outbreak is also now (as of 16 July 2020) underway in Sydney.

Travel plans of commercial mariners planning to arrive by air or by sea may be affected. Non-Australia residents who are maritime-industry participants may also want to take note of the following non-exhaustive list of restrictions:

  • the city of Melbourne (and part of the state outside the city) is in extreme lock down until  11:59pm on Wednesday 19 August 2020. Persons are not allowed out of their residences except for certain essential reasons. 
  • roadblocks have been set up around the city
  • international flights, which includes transit flights, have been re-directed away from Melbourne and this will last at least until August 8 2020.

Border issues

  • In theory, the border of Victoria is open and people can cross from elsewhere into Victoria and, again in theory, there are no Victorian restrictions on leaving the State
    • However:
      • international flights, including transit flights, are not calling in Melbourne
      • other Australian States / Territories have imposed restrictions on travel from Victoria
        • the Australian Capital Territory requires people travelling from Victoria to quarantine for 14 days
        • New South Wales has imposed restrictions although there is an exemption for critical freight-related workers
        • the Northern Territory requires anyone arriving in the Territory from Victoria or Sydney to go into a 14-day quarantine
        • Queensland forbids anyone who has been in a COVID-19 hotspot, which includes the whole of Victoria and parts of Sydney, from entering
        • South Australia forbids Victorians (except for Essential Travellers) from entering the State. There are some restrictions on NSW and ACT travellers too
        • Tasmania has closed its borders to nearly everyone bar essential workers and some other categories of people
        • Western Australia has a hard border that is closed to nearly everyone bar essential workers and some other categories of people

Aviation issues 

  • Perth - a cap of 525 international arrivals per week applies
  • Brisbane - an overall cap of 500 international arrivals per week arrives
  • Sydney - a cap of 450 international arrivals per day will continue with a view to further reductions 

Shipping issues

The situation is extremely fluid. Jurisdictions all over Australia have been updating their public health directives. Shipping Australia is working to update these pages. However, the most up-to-date information (as of 16 July 2020) is coloured in red text. 

DATE

ONGOING

EXECUTIVE SUMMARY POLICY

A very high-level and brief summary of Federal restrictions on shipping.

  • Australia's borders are closed
    • A near-complete ban on movement across the national border is in effect but there are some exemptions
  • Maritime crew can arrive and depart Australia for crew change purposes under federal rules
    • States and territories have their own additional rules
    • National cabinet has agreed that federal, state and territory governments will work to harmonise maritime crew change rules
  • Maritime crew are not subject to a forced quarantine
    • but they will have to self-isolate in a hotel or aboard ship until 14-days has passed
  • Marine pilots can board ships provided they take appropriate precautions
  • There is high-level ministerial support for the movement of freight

This advice DOES NOT apply to cruise ship crews; cruise ships are banned from entering Australian waters or calling at Australian ports.

For further details, see our bulletin below.

DATE

ONGOING

POLICY

Factsheets for transport-related businesses

DATE

ONGOING

POLICY

Seafarers' right to health care

The right to health is a basic human right under international law. Seafarer access to medical care ashore is also a legally protected right under international law and also under Australian law – particularly under the Federal Biosecurity Act 2015 (Commonwealth), section 4(b).

The International Maritime Organization, a specialist agency of the United Nations has endorsed “Recommendations for port and coastal States on the prompt disembarkation of seafarers for medical care ashore during the COVID-19 pandemic“.

DATE

ONGOING

POLICY

Frequently Asked Questions - borders, quarantine, maritime crew visas, other visas, time-related matters (e.g. visa expiry), other

The Australian Border Force has issued an extensive set of Frequently Asked Questions about general border restrictions, quarantine periods and visas.

The contents of the FAQ include:

  • An overview of border restrictions
  • Arrangements for maritime crew
  • Crew entering / departing Australia by air or sea
    • Whether maritime crew need to apply for an exemption
    • Whether maritime crew need to go into quarantine / isolation
    • Processes after arriving in Australia by air
    • What precautions seafarers need to take
    • Quarantine periods and visas
    • Visas, work rights and quarantine
    • Maritime crew visas and arrival by air
    • Maritime crew visas and transit rights
    • Maritime crew visas and other visas
    • Maritime crew visas and extending the sign-off period
    • Visa expiry issues
    • Seafarers who need more time in Australia
    • Electronic Travel Authority for travel to Australia
    • Provision of biometrics
    • Changes of travel plans and visa issues
    • Can maritime crew leave the vessel within 14-days
    • Seafarers who need help before leaving Australia
  • Where to get further information
  • Rules by local port authorities

Read the full Frequently Asked Questions that were originally issued by the ABF on 16 July and then re-issued on  24 July 2020.

DATE

26 June 2020

POLICY

Seafarers too long at sea; Port State Control consequences

Ships with seafarers aboard who have spent too long at sea may be detained, the Australian Maritime Safety Authority (AMSA) has declared.

An explanation of how AMSA will respond to a variety of lengthy seafarer-service periods has been set out in Marine Notice 04/2020.

Service of less than 11 months
No action will be taken if a seafarer has served under 11 months, and has not taken leave, provided there is a valid Seafarer Employment Agreement that is being complied with and all parties have signed.

Service of more than 11 months but less than 13 months without leave
The ship master will be required to provide to AMSA a flag-State approved plan that would result in the repatriation of the seafarer before the mariner has served a maximum continuous period of 14 months.

Service of more than 13 months but less than 14 months without leave
A ship will be forbidden from departing port if there is a seafarer aboard working under a valid Seafarer Employment Agreement who has continuously served for more than 13 months UNLESS a flag-State approved plan is provided to AMSA that would result in the repatriation of the seafarer before the mariner has served a maximum continuous period of 14 months.

Service of 14 months or more
Extensions of service beyond 14 months without leave will not be accepted by AMSA unless the owner, or the master, or both, demonstrate to AMSA that all possible efforts have been expended to repatriate the seafarer without success. The seafarer must also provide written confirmation accepting the extension.

Seafarers without a valid Seafarer Exemption Agreement
The master will be required to arrange repatriation of the seafarer, which may mean accommodating the seafarer ashore until repatriation can be arranged. If the departure of the seafarer means that the vessel’s minimum safe manning requirements cannot be met, then the vessel will be banned from leaving port.

Further details can be found in Marine Notice 04/20 — Maximum period of shipboard service for seafarers during COVID-19 pandemic (PDF 152 KB).

DATE

ONGOING

POLICY

Routine cleaning and disinfection of ships

The Federal Department of Health has provided updated advice on cleaning and disinfection guidelines for commercial vessels.

The Infection Control Expert Group (ICEG) has confirmed that the general advice for the routine cleaning of surfaces (known as “environmental cleaning”) is applicable to the maritime environment. The ICEG has therefore decided that there does not need to be a separate maritime-specific set of guidelines about routine environmental cleaning.

Further details can be found in the Department of Health factsheet: “Information about routine environmental cleaning and disinfection in the community“.

The factsheet “COVID-19 information for the marine industry” contains information about routine environmental cleaning that should take place aboard cargo vessels.

DATE

19 June

POLICY

Maritime Crew Visas - offsigning crew; departing Australia

Maritime crew off-signing in Australia only have five days to leave the country or to sign-on another ship before their Maritime Crew Visa automatically expires.

Unable to depart Australia in time?

Seafarers should either:

  • apply for an extension of time; or
  • hold another visa that allows them to stay in Australia until they can depart; or
  • apply for another visa that allows them to stay in Australia until they can depart

Need to apply for an extension of time for sign-off?

An extension of the MCV sign-off period can be requested via email and lodged along with Form B521 Seaports – Notification of Sign-off. Periods of onshore stay up to 30 days from the date of the most recent arrival in Australia may be approved. The form can also be found by searching here.

What to do:

    • The Master or the Agent should fill in the form
    • An ABF officer will tell the Master / Agent that that the extension has been granted and will advise of the new end-date

Need to apply for another visa?

If a seafarer needs to apply for a new visa then note: the application must be lodged before the MCV extended period of stay expires.

There are numerous visas. Help on what visa to apply for can be found here at the Australian Department of Home Affairs (Immigration and Citizenship)

The ABF has provided some information that may be of use:

  • Crew who have signed off a vessel, and are solely waiting to depart Australia, are not considered to be working and so do not need a visa with work rights
  • A "visitor" visa may be an appropriate visa.
  • In most cases, seafarers may be able to get a bridging visa that allows them to lawfully stay in Australia until their application for a new visa until the application is decided or until they leave Australia

Does the seafarer already have another visa?

If the seafarer holds another visa, in addition to the MCV, the ABF advises that the visa conditions should be checked to determine how long that visa lets the seafarer stay in Australia. Visa conditions can be checked here at the Department of Home Affairs (Immigration and Citizenship).

Source: "Maritime Crew Visa"; undated; distributed Thursday 25 June 2020.

DATE

21 May 2020

POLICY

Cruise ship prohibition extended

Greg Hunt, Australia's current Federal Minister for Health, has extended the ban on cruise ships entering Australian territory or entering Australian ports until 17 September 2020.

The ban originally came into force on 27 March and ran until 15 June.

A "cruise ship" is defined as a vessel that has "sleeping facilities for 100 or more passengers", is usually used to provide a service of sea transportation in return for a fee and which is available to the general public. However, the Spirit of Tasmania vessels are specifically excluded from this cruise ship definition.

Exemptions

There are a series of exemptions to the ban. The key exemptions are:

  • permission has been given by the Comptroller‑General of Customs (a position held by the Australian Border Force Commissioner)
  • the cruise ship is exercising the right of innocent passage
  • entry is necessary for securing the safety of the ship or saving life at sea
  • the voyage started in Australian territory and is being conducted for the sole purpose of performing necessary maintenance to the ship

Sources:

"Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements) Determination 2020", Federal Register of Legislation, 22 May 2020

"Restrictions on Cruise Ships," Australian Border Force, 21 May 2020

"Hon Greg Hunt MP," Parliament of Australia, 21 May 2020

"Customs Act 1901," Federal Register of Legislation, 22 May 2020

 

DATE

09 April

POLICY

Prime Minister and National Cabinet approve maritime crew changes

Scott Morrison, the Australian Prime Minister, announced that that the federal government and the states and territories will implement a consistent and immediate exemption for commercial maritime crew to transit to and from their places of work within and across jurisdictions.

The National Cabinet note that the states and territories may adopt additional protocols in consultation with industry.

A penalty regime will also apply to both companies and individuals.

This update DOES NOT apply to cruise ship crews.

Read the full statement from the Prime Minister here.

Details of what was agreed by National Cabinet are available here.

DATE

01 April

POLICY

Restrictions on Commercial Maritime Vessels and Crew

See ABF policy for details

NOTE: the following advice DOES NOT apply to cruise ship crews.

  • Vessels may berth in Australia at any time
  • However, if the ship arrives within 14-days after calling at their last overseas port of call then the following restrictions apply:
    • All crew must remain onboard while the vessel is berthed in Australia
    • Crew can disembark to carry out essential vessel functions
      Crew must wear personal protective equipment at that time
    • Crew must restrict their interactions with non-crew members to those interactions that are critical to the safe operation of the ship and cargo loading / unloading operations
      Crew must use personal protective equipment on all public spaces onboard the ship while non-crew members are onboard
  • Restrictions will remain in force
    • Until the 14-day period passes;
    • AND no-one aboard is unwell or is suspected of having COVID-19
  • Shore leave can be taken after the 14-day period
  • Crew can leave ship during the 14-day period if…
    • The crew are leaving Australia
      And are going straight to the airport; or
    • They are self-isolating in accommodation until they go to the airport
    • They are leaving to join another vessel
    • But they must self-isolate for the remainder of the 14-day period
    • They are Australian nationals / permanent residents and are travelling to their home to finish self-isolation
  • Time at sea counts towards the 14-day self-isolation period

Advice for crew arriving by international aircraft to join a vessel

Crew travelling to Australia (by aircraft) to join a vessel:

  • on arrival at an Australian airport, crew must declare to an ABF officer they are joining a vessel or offshore installation. They will /be directed to a biosecurity officer
  • Crew may take a domestic flight/s to their final destination to meet a vessel but must self-isolate at their accommodation if they have a layover at any time
  • Crew must proceed directly to the vessel and self-isolate in their accommodation
  • Crew experiencing any signs of illness must not join the vessel and should seek medical help
  • Once on the vessel, crew may leave the vessel to undertake vessel functions and must wear PPE while performing these functions

Crew arriving in Australia via aircraft to join a vessel need to undertake appropriate precautions when interacting with others on or around the vessel. This includes:

  • Use of appropriate PPE when interacting with others (port workers and other crews who will be leaving the vessel for shore leave or sign-off)
  • Practice good personal hygiene and clean/sanitise surfaces and common areas
  • Use separate facilities to other crewmembers (where possible)
  • Maintain appropriate social-distancing and avoid public transport
  • Where a vessel is undertaking domestic legs, the 14-day self-isolation requirements re-commences for the vessel and all crew on board where a crewmember joins prior to completion of their 14-day self-isolation period.
  • Vessel masters must update Human Health reporting in the Maritime Arrivals Reporting System

Pre-Approval Process

The Australian Border Force has set up streamlined processes to help with the movement of maritime and offshore industry workers.

The contact email address is: ISSG.Crisis.Management@homeaffairs.gov.au

The following information should be supplied to the contact email address in respect of each maritime and offshore worker arriving and departing Australia by air:
a. Name, Date of Birth and Gender
b. Passport Number, Nationality and Visa class
c. Arrival or Departure details
d. Transit details and final destination
e. Company (Vessel, Installation)
f. Employee role and reason for travel (specialist skills, critical role etc.)
g. COVID-19 policy and plans sponsoring company has in place including any:
i. Self-isolation requirements for staff; and
ii. Additional measures (i.e. health checks/process if a worker becomes ill)

Information should be provided no earlier than 7 days and no later than 72 hours prior to departure. Late provision of information may lead to requests not being done in time.

DATE

09 April

POLICY

Department of Health - Guidance for the Marine Industry

Information on crew self-isolation

  • Exempt crew do not have to isolate in specific facilities; they can isolate at home while awaiting their next voyage
  • Crew who are not ill can travel domestically within Australia to their home to self-isolate
  • International crew are allowed to take domestic flights in Australia to their final destination to meet their vessel but must self-isolate if they have a layover
  • What to do if crew members are ill:
    • Report ill crew via the Maritime Arrivals Reporting System
    • Ill crew member to stay in isolation until screen by a biosecurity officer
    • Biosecurity officer will provide further advice
    • If tests are needed the vessel will proceed to berth at port so the ill person can be tested / transferred to a medical facility
    • Severely ill people will be transferred to a medical facility

The document also contains advice on cleaning and disinfecting protocols for reducing the risk of virus transfer.

Click here to read the full Department of Health document.

DATE

27 March

POLICY

Information for Marine Pilots

Issued by the Federal Department of Health. (Further details can be found here.)

Marine pilots who follow these guidelines are exempt from Australia’s health screening and self-isolation recommendations on arrival into Australian ports.

Marine pilots following this advice do not have to complete an Isolation Declaration Card on arrival.

If a marine pilot has been contact with ill persons while onboard the vessel, he or she should make him or herself known to the biosecurity officer on arrival.

A pilot that does not follow the advice in this fact sheet, will be required to isolate for 14-days from the time of disembarkation from the vessel.

Maritime pilots are advised by the Federal Health Department to:

  • Cover the mouth and nose when coughing or sneezing and to wash hands afterwards
  • Inform supervisor of any symptoms
  • Limit contact with ship crew to essential crew only
  • Wear personal protective equipment (facemasks) as a precautionary measure
  • Replace masks as they become damp or soiled
  • Avoid touching their mouth, eyes or nose with unwashed or gloved hands
  • Wash hands frequently using soap and water, or to use an alcohol-based hand rub
  • Stay more than 1.5 metres away from crew unless wearing appropriate PPE
  • If he or she becomes aware of any ill person on board, they should contact their local port authority and public health authority and ask the vessel master to report the illness in their pre-arrival report

DATE

25 March

POLICY

High-level ministerial support for freight

Issued by the Transport and Infrastructure Council.

The Transport and Infrastructure Council announced that the movement of freight is a "high priority" for all federal, state and territory governments.

Government ministers emphasised the importance of a nationally consistent approach and affirmed the critical role that the freight sector plays in providing essential services of food, medicine and other goods.

The members of the Transport Infrastructure Council include federal, state and territory ministers of transport, roads, planning, infrastructure and logistics alongside the president of the Australian Local Government Association.

DATE

20 March 

POLICY

Restrictions on Australians Travelling Abroad

The Prime Minister of Australia announced that Australian citizens will be restricted from travelling overseas.

This restriction commenced 25 March 2020 at 1200hrs AEDST.

This travel restriction does not apply to persons who are:

  • ordinarily resident in a country other than Australia;
  • airline and maritime crew and/or associated safety workers;
  • engaged in the day to day conduct of outbound and inbound freight;
  • travelling for essential work at offshore facilities;
  • or travelling on official government business, including members of the Australian Defence Force.

All current travel restrictions for entry to Australia remain in place.

DATE

20 March

POLICY

Restrictions on Entry into Australia by Commercial Vessels

The Prime Minister of Australia announced that from 2100 AEDST 20 March 2020, non-Australian citizens and non-Australian residents will not be allowed to enter Australia.

There are several exemptions. Among those exemptions are:

  • Australian citizens, permanent residents and their immediate family
  • New Zealand citizens ordinarily resident in Australia (subclass 444 visa)
  • Maritime crew
    • anyone required to be part of a crew operating or providing services to support the operation of a commercial vessel
      • A “commercial vessel’ is as any vessel involved in commercial activity or person involved in the provision of port services, maintenance services, marine pilots and marine surveyors

DATE

Ongoing

POLICY

Port State Control, Australia

Australia's port state controller, the Australian Maritime Safety Authority, continues to conduct port state control inspections.

However, a series of protocols have been established to manage the risk to health of AMSA personnel. Instructions to ship masters can be found in this AMSA letter.

Inspections will be suspended for any vessel where a crew member or passenger is or may be exhibiting virus symptoms or as advised by Australian Border Force and Biosecurity. Inspections will also be suspended where a state or local authority has implemented restrictions on AMSA staff boarding vessels.

Survey and audit intervals

Evidence must be kept and provided to AMSA that a ship's flag state has agreed to any exceptional delays specific to COVID-19. Evidence of a plan as to how the ship will be brought back into a regular survey or audit cycle must also be kept. A ship will be subject to normal Tokyo MOU procedures if there is no evidence of flag state approval and if a ship has exceeded requirements by three months.

Duration of certificates

The flag State administration may extend the validity of certificates by up to three (3) months or may issue short term certificates, with a period of validity of no more than three (3) months from the expiry date of the original full term certificates. Evidence must be kept and provided to AMSA. There must be a plan as to how the ship will be brought back into the regular cycle. A ship will be subject to normal Tokyo MOU procedures if there is no evidence of flag state approval and if a ship has exceeded requirements by three months.

Meanwhile, AMSA has also reported that it is extending the duration of AMSA-issued certificates relating to:

  • Standards of Training Certification and Watchkeeping
    (including certificates of competency; certificates of proficiency as a rating, a GMDSS radio operator, or a marine cook; certificates of safety)
  • Safety Training
  • Medical Fitness

if they would otherwise expire between 26 March 2020 and October 2020.

Further details of implementation, re-validation, and re-validation of expired certificates can be found here on the AMSA website. The relevant Marine Notice can be found here.

Disruption to the installation of Ballast Water Management Systems

If a ship cannot meet the requirements of the Ballast Water Management Convention because of a dry-docking caused by COVID-19 disruption, AMSA will seek confirmation that the flag State has agreed to an exceptional COVID-19 specific delay. There should also be evidence of a plan as to how a ship will be brought into compliance.

A ship will be subject to normal Tokyo MOU procedures if there is no evidence of flag state approval and if a ship has exceeded requirements by three months.

Surveys and dockings

AMSA has extended the period to undertake docking inspections required by Chapter I of SOLAS and Marine Order 31.

Where a vessel is in Class, the owner or operator should contact their classification society in the first instance. For vessels not in Class, owners and operators should contact AMSA directly at FSC@amsa.gov.au for advice.

Compliance

AMSA will continue to conduct investigations "as necessary" and will continue to apply its compliance and enforcement policy.

SOURCE: "Advice to the international maritime industry during COVID-19," AMSA.

DATE

Ongoing

POLICY

Maritime Labour Convention matters in Australia during COVID-19

The Australian port state controller, the Australian Maritime Safety Authority, will consider extending periods of service onboard ships and accepts that there is a need to apply flexibility during the global health crisis.

Requests will be considered on a case by case basis.

Owners and operator will be required to submit a plan to AMSA detailing why flexibility is required, how the process will be managed and it will have to demonstrate that the ship's flag state authority, the seafarer and relevant seafarer organisations have been involved and that they agree with the plan.

AMSA may, on a case by case basis, have no objection to extensions of seafarer contracts. Ship owners and operators are required to provide a plan detailing why a seafarer is being extended, evidence that the seafarer’s rights are being maintained during an extension, a plan on repatriation for the seafarer after extension and agreement by the seafarer, seafarer organisations and flag State.

At a minimum AMSA will ensure that:

  • the company has ensured that seafarers are kept informed of the risks of infection, reasons why they are required to stay on board, any measures being taken for their protection, and arrangements for their repatriation;
  • a valid SEA remains in force for every seafarer until repatriation. If any of the SEAs have expired, they have been extended, or new ones issued;
  • seafarers are repatriated at the first available opportunity; and
  • evidence is retained by both the seafarer and the company, clearly demonstrating the reason why the seafarer was asked to extend their contract.

AMSA will consider requests from ship owners and operators for individual cases where foreign seafarer repatriation and service periods have been impacted by travel restrictions and quarantine measures.

NOTE: AMSA, and seafarers, are restricted by Federal, State and Territory rules. Readers who will have dealings with AMSA in respect of the information contained within this block of text should familiarise themselves with the national rules AND the rules in force in each relevant State and Territory, which can be found on our website.

 

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