These notes must be read together with the NATIONAL FEDERAL RULES. State and Territory rules apply in addition to National Federal rules. Each port may also have additional rules/requirements of its own. There is no point reading the National Rules without also reading the appropriate State / Territory rules.
Page last updated: 24 December 2020
ALERT ON CURRENT NSW SITUATION (End of December 2020 to early January 2021)
In mid-December 2020, COVID19 was discovered to be widely distributed throughout Sydney with a particularly big cluster found in the "Northern Beaches" region of the city. The southern-most border of that region is about 15km to 17km distant from the airport and the seaport (Port Botany). The local state authorities have so far been able to contain outbreaks in New South Wales and, so far, the Northern Beaches cluster seems to be under control.
However, that could change. The situation is potentially extremely fluid.
Meanwhile, other State and Territory jurisdictions across Australia have reacted by restricting the ability of anyone who has visited New South Wales to cross the border and / or have imposed mandatory 14-day quarantines.
Since the start of the pandemic, carrying out a crew change in New South Wales has been extremely difficult owing to a lack of transparency, changing rules, and unhelpful or obstructive officials. Given the difficulties of carrying out a crew change in NSW and the presence of an active outbreak of COVID19 in the State, international seafarers coming to Australia and crew change managers may want to carefully consider whether NSW is an appropriate place to carry out a crew change. Readers may wish to note that Queensland is generally considered to be the best jurisdiction in Australia to carry out crew changes in a timely, cost-effective and safe manner.
NSW Border Controls and Quarantine Policies
Introduction: NSW air and sea border controls
New South Wales has strict border controls for persons entering the State by sea or by air, although exemptions may apply. Slightly different regimes apply depending upon whether the person arrives by sea or by air. The blocks of information below give further information. Any person planning, or intending to undertake, a crew change in New South Wales should read both the Arrival by Air and Arrival by Sea blocks, together with resources and further reading, to gain a complete understanding.
Updated: 24 December 2020
NSW Border Controls and Quarantine Policies
Arrival by Air
Anyone who arrives in New South Wales by air from anywhere other than Australia or New Zealand will be transported to a quarantine facility to undergo a 14-day compulsory quarantine. The quarantine facility is typically a local hotel that is under guard. Arrivals from New Zealand may have the option of immediately leaving Australia by air in certain conditions. Note: the Maritime Quarantine Order specifically comments that a person who arrives by air in New South Wales to board a vessel must comply with the Air Transportation Quarantine Order.
New South Wales Police have the power to release people from quarantine. However, the local Health Authority, NSW Health, has indicated that applications for exemptions to undergo mandatory hotel quarantine are rarely granted. Local reports from industry indicate that there are often extreme bureaucratic difficulties and frustrations in getting permission to carry out a crew change and that local officials are unhelpful, or, worse, obstructive.
Transit to / from airports, hotels etc
The Air Transport Order has little to say about the transit of a person to / from an airport or quarantine facility. There is a short requirement that the person must comply with any determination given by the NSW Police*.
(*the law specifically refers to the "Commissioner of Police" i.e. the most-senior-ranking member of the police-force. He or she will typically delegate those powers to all appropriate officers).
Rules relating to air-crew
There are extensive and specific rules relating to air crew. Such rules are outside the scope of this guide. Interested readers are directed to the Air Transport Order for specific details.
Resources and further reading
COVID-19: Information for people requiring hotel quarantine
Includes information on what to expect, COVID-19 testing, choice of hotel and booking, paying for quarantine, self-isolation (rarely granted), meals, health issues, penalties for non-compliance, crisis and mental health support lines, other support (chaplaincy, translation), and details of how to make a complaint.
NSW Health: Exemptions for air and maritime quarantine - frequently asked questions
NSW Health: Exemptions for air and maritime quarantine - criteria and application form
Legislation
Public Health (COVID-19 Air Transportation Quarantine) Order (No.4) 2020.
Public Health (COVID-19 Maritime Quarantine) Order (No.4) 2020.
Updated: 24 December 2020
NSW Border Controls and Quarantine Policies
Arrival by sea
A person who arrives in New South Wales on a vessel is banned from disembarking unless:
a) he or she is authorised to do so by NSW Police
b) he or she is undertaking an essential task
c) there is an emergency.
Arrival by sea / disembarking with NSW Police authorisation
A person can disembark from a vessel to go
- directly into quarantine
- to go directly into hospital; or
- to go directly to an airport or to another vessel to immediately leave New South Wales
So while off-signers can theoretically disembark to carry out crew changes, the local Health Authority, NSW Health, have indicated that applications for exemptions to undergo hotel quarantine are rarely granted. Local reports from industry indicate that there are often extreme bureaucratic difficulties and frustrations in getting permission to carry out a crew change and that local officials are unhelpful, or, worse, obstructive.
Arrival by sea / disembarking to carry out essential tasks
A person can disembark a ship to carry out the essential tasks of:
- loading or unloading cargo
- rigging gangways
- undertaking ship-to-shore activities
- connecting water or fuel to a vessel
- receiving or loading stores
- disposing of waste
- carrying out essential maintenance on a vessel
- carrying out safety checks and activities
- preparing a vessel for sailing
- being assessed or treated by a health practitioner, including being tested for COVID-19, as approved by an authorised medical practitioner
Anyone who disembarks to carry out essential tasks must remain with a relevant distance of the ship. That distance is either the distance reasonably necessary for carrying out that essential job or, alternatively, no further than 13 metres from the wharf at which the ship is docked. He or she must also take reasonable steps to prevent the spread of COVID-19. This includes wearing gloves, a mask and any other suitable personal protective equipment. He or she must also re-board the vessel immediately after completing the essential task.
These Maritime Quarantine Order does not apply to vessels on voyages that started in Australia and where (a) there have been no overseas port calls and (b) every person on board the vessel boarded in Australia.
Arrival by sea / disembarking to carry out essential tasks
After an emergency, anyone who has disembarked from a vessel has to re-board the ship or go to a hotel / quarantine facility as appropriate.
Arrival by sea / landside transport
The employer of anyone who disembarks from a vessel and who also needs passenger transport (e.g. to go to a quarantine facility) must arrange the transport, provide face mask and take reasonable steps to ensure that the persons being transported actually do wear the face mask.
The use of public transport is strictly prohibited. Only privately-hired vehicles can be used to transport people disembarking from ships, however, in this particular context, privately-hired vehicles do not include taxis or private vehicles that use software to co-ordinate the provision of a passenger service (i.e. the use of private vehicles that use Uber, Lyft, Ola, RedRide, RideOut or any other ride-sharing app to organise and book transport is forbidden).
Resources and further reading
COVID-19: Information for people requiring hotel quarantine
Includes information on what to expect, COVID-19 testing, choice of hotel and booking, paying for quarantine, self-isolation (rarely granted), meals, health issues, penalties for non-compliance, crisis and mental health support lines, other support (chaplaincy, translation), and details of how to make a complaint.
NSW Health: Exemptions for air and maritime quarantine - frequently asked questions
NSW Health: Exemptions for air and maritime quarantine - criteria and application form
Legislation
Public Health (COVID-19 Air Transportation Quarantine) Order (No.4) 2020.
Public Health (COVID-19 Maritime Quarantine) Order (No.4) 2020.
Updated: 24 December 2020
POLICY
Precautionary measures when engaging Port Authority of NSW Marine Pilot services
The Port Authority of New South Wales issued a series of requirements that must be followed to ensure the ongoing risk to marine pilots and others is minimised.
The requirements are given below.
Pre-Arrival requirements:
- A declaration to the Port Authority is to be made by the Master in accordance with PA NSW's Covid19 reporting requirements
- Additionally, when calling VTIC/VTS at the specified distance (depending on the port’s requirements) from the Pilot Boarding Position, the Vessel Master must declare if there are any sick crew members on board
- All handrails in stairwell, door handles, lift controls and bridge surfaces, bridge equipment and rails must be wiped clean immediately prior to the pilot boarding
- Where possible, one hour before the pilot embarkation time, non-essential crew should remain clear of the designated route from the pilot embarkation point (either pilot ladder, accommodation ladder etc.) to the wheelhouse, especially where the route is within enclosed spaces
- Vessel’s crew must be prepared and ready to transfer pilot’s bag with appropriate personal protective equipment measures in place.
Pre-departure requirements:
- VTS/VTIC is to be informed of any changes to the original declaration provided during pre-arrival. i.e. if crew member has developed symptoms of illness while in port
- All handrails in stairwell, door handles, lift controls and bridge surfaces, bridge equipment and rails must be wiped clean immediately prior to the pilot boarding
- Where possible, one hour before the pilot embarkation time, non-essential crew should remain clear of the designated route from the pilot embarkation point (either pilot ladder, accommodation ladder etc.) to the wheelhouse, especially where the route is within enclosed spaces
- Vessel crew must be prepared and ready to accept pilot’s bag via heaving line, with appropriate personal protective equipment measures in place.
Once pilot is onboard:
Vessel crew members assisting with pilot boarding or disembarking are, so far as possible, to remain at least one and a half metres from pilot, except in case of an emergency
All crew at the embarkation point must wear a protective mask and rubber gloves
- The crew member assigned to escort the pilot from the embarkation point to the wheelhouse must wear a protective mask and rubber gloves
- Where possible, the route from the embarkation point to the wheelhouse should via the open deck, as opposed to within enclosed spaces
- Unless necessary for the safety of the pilot (i.e. during the embarkation process), crew or vessel, the pilot and crew should remain at least two metres apart
- Similar precautions must be taken during disembarkation of the pilot either ashore or to the pilot launch
- Pilots will refrain from physical contact with the ship’s crew, e.g. ‘handshake’
- If proceeding to the bridge via the ships lift, the pilot should ride the lift alone
- Pilot may choose to access navigation bridge via external stairs
- Personnel on the bridge should be kept to the minimum manning requirements as per the company Safety Management System, for safe navigation. There are to be strictly no visitors on
the bridge during pilotage - The pilot will most likely not use the ships VHF radio and will communicate with VTS, tugs and linesmen using his hand-held VHF radio
- If required to use ships VHF radio, or other shipboard navigation instruments, sterilised wipes (containing isopropyl alcohol) should be available on the bridge to clean down equipment
- Where practicable, pilot is to be provided with their own dedicated radar or ECDIS unit for use which has been wiped down prior to pilot on board
- Crew members are to refrain from touching any of pilot’s equipment while set up on bridge
- Sharing of pens or other equipment without cleaning is discouraged
- Bridge Team members should distance themselves from the pilot as much as possible, and in any event keep at least 2 metres separation from the pilot, particularly during the Master Pilot
Exchange - The bridge team and pilot should practice good personal hygiene; no coughing, sneezing, spitting or smoking and regular hand washing or sanitising
- Tissues and sterilised wipes (containing isopropyl alcohol) should be available on the bridge
- The bridge should be kept well ventilated with door open where possible and practicable
Source: Harbour Master Instruction HMI 20-008E
Updated: 24 December 2020
POLICY
Port Authority of New South Wales - COVID-19 questions for ship masters
Masters of all ships due to arrive at PA NSW ports (Newcastle, Port Jackson (Sydney Harbour), Port Botany, Port Kembla, Eden, Yamba) are required to answer the following questions:
- What were the last 5 ports of call?
- What date did the vessel depart these ports?
- Are there any ill passengers or crew on board?
- Are any crew members or passengers showing symptoms of COVID-19 on board?
- Has any person on the vessel been in contact with a proven case of COVID-19 in the last 14 days?
- Are there any crew or passengers who have joined the vessel less than 14 days ago?
- Are you conducting crew changes in Port?
Where COVID-19 is suspected or confirmed, the Port Authority states that it will risk assess the situation and obtain further advice from the respective government agencies prior to boarding the vessel.
Pilotage may be delayed until the Port Authority is satisfied that such risk can be managed.
Source: "COVID-19 Update #8", Port Authority of New South Wales, Friday 26 June 2020
UPDATED: Shipping Australia verbally sought an update on 24 December 2020 but the Port Authority was unable to confirm if the material is still in force or if it was correct. Readers may be interested to note that, as of the date of this update, Harbour Master Instruction 20-005E dated 24 June 2020 is still available on the PA NSW website and is stated to be valid until cancelled. HMI 20-0005E contains the same content as update #8 but it appears to only refer to vessels entering the Port of Newcastle.