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Commercial Operators

Seafarers

Recreational boaties

Surveyors and third parties

How we respond

We respond to harm or risk of harm that we become aware of through notifications or as part of our proactive audits and inspections.

Notifications and incidents

Some harm or risk of harm that occurs in the maritime domain requires us to respond quickly.

When we receive notifications about an incident, we triage these as high, medium or low harm.

After the initial triage, we may need to check with the person who notified us to confirm we have the details of the situation correct and the level of harm or risk of harm. If it is high, we will investigate; if it is medium, we will likely undertake an inspection, and if it is low, we will likely record and close the notification. 

When and how we audit, inspect and investigate

In order to support and test compliance with key harm prevention controls and systems, we proactively audit and inspect. From time to time, this may lead to us taking a broad range of actions where we see risks and unsafe situations. When we are notified of, or observe high levels of harm or risk of harm, we may investigate. How and when we select and use audit, inspection or investigation processes is outlined in the policy below.

Corrective and enforcement tools

As we start to gather information about the incident, our priority will always be to correct the situation using one or more of our corrective tools. When corrective action is underway, we will consider whether it is proportionate in the circumstances to hold a person or PCBU to account using one of our enforcement tools.

Our choice of which tool or mix of tools we use will be based on how we can best reduce the level of harm.

You can see more information about our corrective and enforcement tools, and when and how we use them, in our operational policy.

Prosecution Policy

Prosecution is one of our enforcement tools that we use to prevent harm or further harm from occurring across the maritime domain. We prosecute to hold people to account, incentivise enduring behaviour change, and share broader insights where there is a public interest to do so. Prosecution has a high bar. It must be proportionate and in the public interest to prosecute and evidential sufficiency must be met.