MARD003
Manage legal requirements of a vessel


Application

This unit involves the skills and knowledge required to comply with legislative obligations and requirements specific to the vessel.

This unit applies to maritime workers working in the maritime industry as a Master Unlimited.

No licensing, legislative or certification requirements apply to this unit at the time of publication.


Elements and Performance Criteria

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1

Determine legislative obligations and requirements

1.1

Legal obligations in relation to vessel operations are ascertained

1.2

Legislative requirements relating to vessel operations are recognised

1.3

Obligations and legislative requirements are clarified with relevant government and licensing agencies

2

Develop strategies for compliance with legislative obligations and requirements

2.1

Obligations and legislative requirements are analysed to develop compliance strategies

2.2

Strategies are reviewed with relevant stakeholders to determine suitability

2.3

Strategies are used to develop regular, cyclical compliance checks

2.4

Strategies and compliance requirements are communicated to crew members

2.5

Relevant training is conducted to facilitate compliance

3

Undertake scheduled compliance checks

3.1

Compliance checks are delegated to relevant crew members

3.2

Problems that may lead to potential noncompliance are identified and reported

3.3

Timing and outcomes of compliance checks are recorded according to regulatory and organisational requirements

3.4

Information from compliance checks is analysed to identify noncompliance or potential noncompliance instances

4

Rectify noncompliance with legislative obligations and requirements

4.1

Course of action to take to address noncompliance instances is determined

4.2

Timely remedial action is undertaken and legislative obligations and requirements are complied with

4.3

Training and instruction is conducted to ensure compliance with regulations

4.4

Checks are made to ensure noncompliance has been addressed

4.5

Specific area is monitored to ensure continuing compliance

4.6

Reason for noncompliance is analysed to guide future compliance

5

Maintain required certification of shipboard items and equipment

5.1

Documentation held by the vessel is completed against authorised inventory

5.2

Continuous validity of certification extensions and requirements for renewals is ensured through timely attention

5.3

Continuing effectiveness of tests, checks and maintenance programs is reflected in certificate conditions of surveyed items and equipment

5.4

Organisational and issuing authority requirements are complied with through timely survey arrangements

6

Maintain documentation related to legislative requirements

6.1

Certificates and documentation are stored in a manner that optimises their use and accessibility for vessel operations

6.2

Clear, concise and accurate records are kept

6.3

Regulatory and organisational requirements, and format for records are complied with

6.4

Validity of records is maintained when required corrections to records are made

6.5

Documentation is secured and confidentiality is maintained according to organisational procedures

6.6

Organisational procedures are followed to back-up computer

6.7

Records and reports are distributed to required authorities at appropriate times

Evidence of Performance

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements, performance criteria and range of conditions on at least one occasion and include:

applying relevant work health and safety (WHS)/occupational health and safety (OHS) requirements and work practices

attending to appropriate level of detail in recordkeeping

developing effective planning documents

ensuring procedures for monitoring operations and maintenance comply with legislative requirements

ensuring currency of relevant legislative and regulatory knowledge

ensuring currency of relevant reference material

identifying potential noncompliance promptly and fully

interpreting information relevant to legislative requirements to ensure the security and safety of life of crew, passengers and others at sea

planning renewal and extension of certificates to ensure continued validity of surveyed items and equipment.


Evidence of Knowledge

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements, performance criteria and range of conditions and include knowledge of:

international maritime law embodied in international agreements and conventions in relation to:

certificates and other documents to be carried on board ships by international conventions, how they may be obtained and their period of validity

responsibilities under the relevant requirements of the International Convention on Load Lines, 1966, as amended

responsibilities under the relevant requirements of the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended

responsibilities under the International Convention for Prevention of Pollution from Ships, as amended

maritime declarations of health and the requirements of International Health Regulations

responsibilities under international instruments affecting the safety of the ship, passengers, cargo and crew

methods and aids to prevent pollution of the maritime environment by ships

national legislation for implementing international agreements and conventions

procedures for maintaining security and confidentiality of information

relevant regulations, codes and conventions related to business and legal requirements, security and safety of life of crew, passengers and others on a vessel

sources of reference and information on detailed survey and certification requirements

systems and methods for recording, retrieving and storing information

WHS/OHS requirements and work practices.


Assessment Conditions

As a minimum, assessors must satisfy applicable regulatory requirements, which include requirements in the Standards for Registered Training Organisations, current at the time of assessment.

As a minimum, assessment must satisfy applicable regulatory requirements, which include requirements in the Standards for Registered Training Organisations, current at the time of assessment.

Assessment processes and techniques must be appropriate to the language, literacy and numeracy requirements of the work being performed and the needs of the candidate.

Assessment must occur in workplace operational situations or where this is not available, in simulated workplace operational situations or an industry-approved marine operations site that replicate workplace conditions.

Resources for assessment include access to:

relevant equipment, materials and documentation including

cargo record book

daily logbook

official logbook

operation manuals

radio logbook

statutory certificates

survey reports

waste disposal logs.

Performance should be demonstrated consistently over time and in a suitable range of contexts.


Foundation Skills

Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.


Range Statement

Range is restricted to essential operating conditions and any other variables essential to the work environment.

Legal obligations include:

responsibilities under the relevant requirements of the International Convention on Load Lines, 1966, as amended

responsibilities under the relevant requirements of the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended

responsibilities under the International Convention for Prevention of Pollution from Ships, as amended

responsibilities under international instruments affecting the safety of the ship, passengers, cargo and crew

Legislative requirements include:

certificates and other documents to be carried on board ships by international conventions

maritime declarations of health and the requirements of International Health Regulations

methods and aids to prevent pollution of the maritime environment by ships

national legislation for implementing international agreements and conventions

Strategies for compliance include one or more of the following:

conducting drills required under SOLAS and relevant Marine Orders applicable to firefighting and lifesaving appliances

ensuring survey items are subject to required checks, inspections and maintenance programs

maintaining correct documentation and records

maintaining valid certification dates

using relevant safety management system checklists


Sectors

Not applicable.


Competency Field

D – Administration and Human Resources