House of Representatives Committees

| House of Representatives Standing Committee on Social Policy and Legal Affairs

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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.

     

     

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