WAFIC says no removal of Grandfathering Provisions – AMSA Review (Phase 1)
WAFIC has made a submission on behalf of the WA commercial fishing industry to an independent review of the national marine safety system and the supported legislation delivered by Australian Maritime Safety Authority (AMSA).
WAFIC has rejected the wholesale removal of grandfathering provisions from the legislation.
An Independent Review Panel was established in late 2021 and separated the review into two (2) phases:
- Phase 1 – consider whether Australia’s legal framework regulating the safety of domestic commercial vessels is fit for purpose.
- Phase 2 – consider whether this regulatory framework is being delivered efficiently and effectively, and to consider options for future cost recovery arrangements.
The Review Panel provided a document as a consultation aid in early 2022 to assist industry with making a submission in relation to Phase 1 of the review. Submissions closed 30th November 2022.
WAFIC made significant comments to the panel in relation to the impacts of winding back grandfathering provisions and emphasised:
- That WAFIC does not support the wholesale removal of the grandfathering provisions.
- Where is the evidence to remove or phase out grandfathering provisions?
AMSA has done a very good job in all the challenges of adopting the National System through deregulation, where justified, risk management in general and cost management.
They have taken an evidence-based approach.
There have been three government inquiries into AMSA’s performance since 2017 – by the Productivity Commission, by a Senate Committee and now an Independent Panel Review. All have put some emphasis on grandfathering, but none have presented any evidence to support recommendations. The inquiries have referred to recent tragic fatality events and the subsequent Coronial Inquiries, but none of those produced any evidence of specific problems created by grandfathering. They have all proceeded to assume that the concept must produce unsafe outcomes and promote a blanket solution – remove grandfathering.
Grandfathering of boats and certificates of competency is a core part of a fisher family stability. Fishery management changes can be stressful and often hard for a fisher to cope with. However, their boat and their credentials are the very stable thing they most understand and depend on.
AMSA and government in general changed their world in 2013 with the introduction of the National System, but underpinned stability with the COAG grandfathering guarantees. It was changed in 2018 to make any transition more flexible. To now change it again – breaking the 2013 COAG guarantee – would also create a major new level of unjustified stress.
Despite the phasing proposal, large numbers of currently qualified crews would not choose to renew their basic qualifications. Some point to the record entrants to maritime training as replacements, but the problem is that large numbers of those graduating are going to the new, rapidly expanding maritime industries such as windfarms, offshore oil/gas operations, and marine aquaculture.
It is unrealistic to suggest that Australia could even replace the numbers who would leave, let alone service the expanding industries competing for skilled workers. Instead of the end of grandfathering leading to greater safety, it would logically lead to less experienced crew and a greater safety risk.
It would seem unrealistic to assume the Commonwealth Government (or State Governments) will satisfactorily compensate loss of boats and certificates through a specific Scheme and/or the previous boat-building subsidy. This suggestion is made without quantifying the cost and assessing whether there is boat-building capacity in Australia to achieve re-introduction of the subsidy.
WAFIC supports that government follow normal process to produce good public policy and that before the draft report on the grandfathering sections is finalised that the Panel:
- Produces actual evidence for the fishing and aquaculture industry as to:
– The extent of grandfathering of both boats and qualifications.
– Exactly where grandfathering has proved a safety problem.
– Where fishing/aquaculture boats/certificates fit in the DCV total incidents and risk profiles. - Ensures the analysis in (dot 1) clearly identifies any regional and operating differences between classes of vessels.
- Ensures the analysis estimates the actual cost of phasing out grandfathering – rather than general statements on what financial measures might be applied.
- Recognises that there is a serious shortage of formally (certificated) qualified personnel for fishing boats and provide recommendations on how the industry can overcome this, if at the same time there are major (inevitable) departures from the industry due to removing grandfathering.
A copy of the final WAFIC submission to Phase 1 can be found here.