Court of Marine Inquiry
Encyclopedia
Courts of Marine Inquiry and Boards of Marine Inquiry are tribunals established in common law countries to investigate matters relating to shipwrecks, casualties affecting ships, or into charges of incompetency or misconduct on the part of the masters, mates or engineers of ships.

Australia

Various tribunals are established in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

 to investigate the causes of shipwrecks, crashes and other matters pertaining to ships in Australian waters. As Australia is a federal jurisdiction, both the States of Australia and the National government have joint authority to make laws over navigation. Where navigation relates to overseas or interstate trade, the national government's law will take precedence in certain circumstances.

At the national level, the Australian Government has established the Court of Marine Inquiry of Australia under the federal Navigation Act.

At the state level, the following agencies have responsibility for the investigation of maritime incidents:
  • In New South Wales
    New South Wales
    New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...

     a District Court
    District Court of New South Wales
    The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...

     may be authorised to sit as a Court of Marine Inquiry to hear and determine inquiries, appeals, and references under the New South Wales Navigation Act 1901. Decisions of such a Court are not subject to review courts of appeal. The NSW Maritime Authority has responsibility for marine incident investigation. The Authority investigates the causes of incidents involving shipping and commercial vessels and breaches of State or Commonwealth navigation laws. Incidents involving Sydney Ferries
    Sydney Ferries
    Sydney Ferries is an agency of the New South Wales Government Department of Transport, providing ferry services on Sydney Harbour and the Parramatta River in Sydney, Australia....

     vessels are examined by the Office of Transport Safety Investigations, which is also responsible for investigations into incidents involving publicly owned rail and bus transport.
  • The Western Australian Government has established the Magistrates Court of Western Australia
    Magistrates Court of Western Australia
    The Magistrates' Court of Western Australia is the first tier court in Western Australia, a state of Australia. It has jurisdiction in respect of criminal and civil matters, as well as a range of administrative matters...

     as a court of marine inquiry.
  • The Victorian Government has established the Marine Board of Victoria to perform the functions of a court of marine inquiry.

Fiji

In Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...

, marine boards are established under the Marine Act to conduct enquiries. For a recent inquiry held in Fiji, see Marine Enquiry re the Sinking of the MV OVALAU II at http://www.paclii.org/fj/cases/FJHC/2005/369.html

Tonga

Magistrates Courts of Tonga are courts of marine inquiry under the Tongan Shipping Act.

Sources

  • New South Wales State Archives - http://www.records.nsw.gov.au/cguide/c3/ctmar.htm
  • Re Grounding of MV "TNT ALLTRANS" - (1986) 67 ALR 107
  • Public Records Office, Victoria - http://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewAgency&entityId=1424
  • Western Australian Government - http://www.parliament.wa.gov.au/hansard/hans35.nsf/(Lookup+by+Page)/19992511993876?opendocument
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