Re TNT Alltrans Grounding (Court of Marine Enquiry) [1986] FCA 102

CATCHWMORDS Courts of Marine Inquiry - nature of jurisdiction - charges of misconduct against officers - the role of assessors - the

desirabilitv or otherwise of making recommendations as to the

cancellation or suspension of an officer's certificate.

Navigation Act 1912, ss. 6C, 15, 359, 363 and 364

Navigation (Courts of Marine Inquiry) Regulations, regs. 5, 6, 14 and 15

-Navigation (Orders) Regulations

Part 22 of Order No. 32 of 1983 made pursuant to Navigation

(Orders) Regulations

REM.V. "T.0N.T. ALLTRANS" GROUNDING

No. N85/225

Coram: Sheppard J. and assessors

Date : 30 June 1986

Place: Svdnev

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e COMMONWEALTH OF AUSTRALIA Naviaation Act 1912

Navigation (Courts of Marine Inquirv) Regulations

} In the Court of Marine Inquiry i- at Sydney.

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In the matter of an inquiry as to the grounding of the Bulk v Carrier M.V. "T.N.T. Alltrans" . | O.N. 850587 on Lady Musgrave . Tsland, Queensland on 25 March i 1985 whilst on a vovage from | Gladstone, Australia, to Wew i. Zealand.

| CORAM: SHEPPARD J. ts

ASSESSORS: CAPTAIN J. BOLLEN and CAPTAIN J.F. QUINN -

Attachment to Decision of Court of Marine Inquiry given on 30

June 1986.

Note on Jurisdiction of Court and Associated Matters

See, inter alia . 14-15 and 17 of Reasons for Decision

During the course of the hearing a number of questions were

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raised as to the nature of the Court's jurisdiction and certain | '

ather matters related thereto. It seemed convenient to deal with

| these matters in a separate note rather than in the body of the

reasons themselves.

Courts of Marine Inquiry are constituted by provisions contained in

s. 358 a Court of Marine Inquiry shall be constituted by a Judge or by two or more Judges. "Judge" in relation to a Court of Marine Inquiry means, inter alia, a Judge of the Federal Court of Australia. Section 359 provides that every Court of Marine Inquiry shall be assisted by not less than two assessors appointed under the Act "who shall advise the Court but shall not adjudicate on the mnatter before the Court" (the emphasis is added). Section 363 empowers the making of regulations prescribing the practice and procedure of Courts of Marine Inquiry.