Definitions of accidents, incidents, mishaps and serious harm

Overview

These definitions of accidents, incidents, mishaps, and serious‑harm injuries are abbreviated from section 2 of the Maritime Transport Act 1994. For the full legal wording, see the Act.*

Accident

An accident is an occurrence that involves a ship and in which any of the following happen.

Serious harm to a person

A person is seriously harmed as a result of:

• being on the ship
• direct contact with any part of the ship, including any part that has become detached from the ship
• direct exposure to the wash of the ship, or interaction, other than direct contact, between two ships
• being involved in the salvage of any ship, except where the injuries are:
• self‑inflicted
• inflicted by another person
• to stowaways hiding outside areas normally available to passengers and crew.

Damage or structural failure

The ship sustains damage or structural failure that:

• adversely affects the structural strength, performance, or seaworthiness of the ship
• would normally require major repair or replacement of the affected component
• poses a threat to the safety of people on board.

Machinery or equipment failure

There is a complete or partial failure of machinery or equipment that affects the seaworthiness of the ship.

Cargo loss or damage

There is a loss of, damage to, movement of, or change in the state of the cargo that poses a risk to the ship or other ships.

Significant property loss or damage

There is a significant loss of, or significant damage to:

• property that is not cargo carried by the ship, or
• any person’s property, whether or not it is on board the ship,
• whether or not the loss or damage arises from an interaction between two ships.

Loss or escape of a substance or thing

There is a loss or escape of any substance or thing that:

• may result in, or has resulted in, serious harm to any person
• may pose a risk of, or has resulted in, damage to the ship or other ships
• may pose a risk of, or has resulted in, damage to any property, whether or not on board the ship.

Person lost or missing

A person is lost at sea, whether or not subsequently found, or is missing.

• Foundering, loss, or major casualty
• The ship is:
• foundering, capsizing, being abandoned, stranding, or missing, or
• has foundered, capsized, been abandoned, been in a collision, or had a major fire on board.

Incident

An incident is any occurrence, other than an accident, that is associated with the operation of a ship and affects, or could affect, the safety of operation.

Mishap

A mishap is an event that:

• causes any person to be harmed, or
• in different circumstances, might have caused any person to be harmed.

Serious harm

Serious harm means:

• death, or
• any of the following conditions that amount to, or result in, permanent loss of bodily function, or temporary severe loss of bodily function:
• respiratory disease
• noise‑induced hearing loss
• neurological disease
• cancer
• dermatological disease
• communicable disease
• musculoskeletal disease
• illness caused by exposure to infected material
• decompression sickness
• poisoning
• vision impairment
• chemical or hot‑metal burn of the eye
• penetrating wound of the eye
• bone fracture
• laceration
• crushing
• amputation of a body part, including part of a finger
• burns requiring referral to a specialist registered medical practitioner or specialist outpatient clinic
• loss of consciousness from lack of oxygen
• loss of consciousness, or acute illness requiring treatment by a registered medical practitioner, from absorption, inhalation, or ingestion of any substance
• any harm that causes a person to be hospitalised for 48 hours or more, starting within 7 days of the harm occurring.

Harm

Harm means illness, injury, or both.

• * For full legal definitions, please refer to the Maritime Transport Act.