Can Safe Work Australia’s 'Managing Risks in Stevedoring' be used as evidence of what is reasonably practicable in Victoria? Is Federal legislation, such as Marine Order 32, enforceable in Victoria?
There are 2 questions here; the first being about Safe Work Australia (SWA) publications, and the second about a particular Federal Marine Order made under the Navigation Act 2012 (Cth)
Safe Work Australia materials and guidance can establish the state of knowledge—that is, what is known or should reasonably be known—about a hazard and the means to eliminate or reduce that hazard. Any suggested controls from SWA guidance, particularly when derived from parallel sections of the WHS Act, should be given due consideration.
Marine Order 32 states in section 6(1):
‘This Order applies to: (a) loading or unloading a regulated Australian vessel anywhere; and (b) loading or unloading a foreign vessel at an Australian port; and (c) loading or unloading of a foreign vessel that is an offshore industry mobile unit: (i) at an Australian port; or (ii) in the territorial sea of Australia.'
And at 6(2):
This Order is not intended to exclude or limit the concurrent operation of any law of a State or Territory that imposes additional obligations or liabilities on a person.'
So yes, Marine Order 32 applies in Victoria, but it does not exclude or limit the operation of our OHS Act or regulations.
