Lifejackets and the Mariner

In December 2024, Queensland rolled out new lifejacket regulations to standardise safety measures across the state and bring its regulations more in line with the rest of Australia. While the goal is clarity and consistency, the reality is that lifejacket regulations can still be pretty confusing, especially considering how each State and Territory has its own take on the regulations.

Lifejacket regulation is different in each State and Territory — *Boating rules in Australia vary by location, with States/Territories managing coastal waters and the Commonwealth overseeing beyond 12 nautical miles.*

Lifejacket Regulations Across Australia

Maritime regulation in Australia is a mix of State/Territory and Commonwealth legislation, meaning rules can differ depending on where you're boating. States and Territories control the waters within 12 nautical miles of their coasts, and beyond that, the Commonwealth takes charge.

When you're operating a private vessel, the regulations you follow depend on where you’re cruising. In Queensland, you'll abide by Queensland's regulations; in New South Wales, it's their regulations. Simple, right?

To ensure you’re up to date on the specifics, I’ve included a link to each State and Territory’s contact details so you can easily check the lifejacket regulations that apply to you.

Commercial Vessels and AMSA's Role

State and Territory regulations cover recreational boating, but commercial vessels are under the purview of the Australian Maritime Safety Authority (AMSA). In 2024 AMSA introduced new regulations for lifejacket use on commercial vessels operating in near-coastal waters.

But here’s the catch: these regulations don’t necessarily align with state regulations.

Why? Well, each state has its own lifejacket regulations, and those differences make it tough for AMSA to enforce a one-size-fits-all approach across Australia. So, while AMSA’s regulations apply to commercial vessels, they don’t automatically override the regulations in each state.

AMSA’s Risk-Based Approach

AMSA’s solution? A risk-based approach. For commercial vessels operating in near-coastal waters, the owner and master must conduct a risk assessment to decide when lifejackets should be worn. This assessment must take into account specific risks, such as the likelihood of a person overboard.

Once completed, the risk assessment has to be recorded in the vessel’s logbook and the vessel’s Safety Management System (SMS).

Why is this important? Because commercial vessels vary widely in terms of risk. For example, a commercial fishing vessel might face the risk of entanglement in lifejacket straps, while a fast ferry’s passengers might be seated the whole time. AMSA’s flexible, risk-based approach helps ensure that safety protocols are tailored to the unique needs of different commercial vessels' operations.

A Practical Scenario: Understanding the Legal Implications

Let’s break it down with a scenario in Queensland under the new regulations. Say you’re operating a commercial vessel, ferrying passengers to an island for lunch and swimming. The deckhand takes a small three-metre tender to shuttle passengers to the shore, but when they return alone in the tender, the Queensland Water Police pull the deckhand over. They get fined for not wearing a lifejacket while operating a vessel under 4.5 metres solo – an obvious violation of Queensland regulation.

Now, who’s responsible here? Is the deckhand breaking the regulation under Queensland’s regulation, or does AMSA’s regulation override this?

Balancing State and Federal Regulations

In this case, the commercial vessel operator must ensure that the risk assessment considers both AMSA’s regulations and the relevant state regulations. If Queensland regulation mandates a lifejacket for solo operation of a tender under 4.5 meters, then Queensland Maritime is clearly identifying this as a high-risk operation. In this case, the vessel owner and master must consider this in their risk assessment and make sure their protocols reflect this higher level of risk.

The above scenario: “The deckhand was in Queensland territorial waters and was correctly fined for not wearing a life jacket under Queensland regulation”. This can also happen to a pleasure vessel running friends ashore in the tender and just running back out to the yacht to pick up something, when alone in the vessel under 4.5-metres in Queensland, you must wear a lifejacket.

Lifejacket Risk Assessment: Key Considerations

When it comes to lifejackets, there are plenty of factors to consider in order to follow the state and federal regulations.

Below are AMSA’s key areas to evaluate:

Single-Person Operations

How likely is it that a person can reboard the vessel if they fall overboard?
Are there potential injuries that could prevent them from getting back on?
How will they signal for help (e.g., EPIRB or PLB)?
Is the vessel equipped with a kill switch and lanyard to stop the engine in an emergency?

Tender Vessel Operations
- Is there a risk of falling into the water when boarding or disembarking?
- How far is the tender from the parent vessel? Could someone reach them if they fall overboard?

Emergency Situations
- Are lifejackets integrated into your emergency protocols, especially for high-risk scenarios (collision, flooding, capsizing)?

Inclement Weather
- Is your vessel designed to handle rough weather, and are there features (non-slip surfaces, rail height) that reduce the risk of falls overboard?
- Do crew members need to be on deck in bad weather, and how will you ensure their safety?

Night-time Operations
- How visible will someone be if they fall overboard at night?
- How quickly can you locate someone in the water?

Vessel Transfers
- Is there a risk of falling during vessel transfers, particularly in adverse weather?

Embarking/Disembarking
- How likely is someone to fall while boarding or disembarking?
- Are gangways equipped with handrails or safety nets for protection?

Coastal Bar Crossings
- Are there specific local regulations requiring lifejackets during coastal bar crossings?
- Is anyone on deck or unseated during these crossings, increasing the risk of falls?

Rail Height
- Is the rail height high enough to prevent falls, particularly in rough conditions?

State/Territory Regulations
- Does your state have regulations requiring lifejacket wear in certain circumstances (e.g., coastal bar crossings, vessels under a certain length)?
- Make sure these are part of your risk assessment and procedures.

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Capt. Cal

For more info, here are links to the relevant maritime authorities in each state:

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