Court Of Marine Inquiry
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Courts of Marine Inquiry and Boards of Marine Inquiry are tribunals established in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
countries to investigate matters relating to
shipwreck A shipwreck is the wreckage of a ship that is located either beached on land or sunken to the bottom of a body of water. Shipwrecking may be intentional or unintentional. Angela Croome reported in January 1999 that there were approximately ...
s, casualties affecting ships, or charges of incompetency or misconduct on the part of the masters, mates or engineers of ships.


Australia

Various tribunals are established in
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
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 The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government i ...
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 ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
a District Court 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 is the public transport ferry network serving the city of Sydney, New South Wales. Services operate on Sydney Harbour and the connecting Parramatta River. The network is controlled by the New South Wales Government's transport a ...
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 The Government of Western Australia, formally referred to as His Majesty's Government of Western Australia, is the Australian state democratic administrative authority of Western Australia. It is also commonly referred to as the WA Government o ...
has established the
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. The court came into exis ...
as a court of marine inquiry. *The
Victorian Government The Victoria State Government, also referred to as just the Victorian Government, is the state-level authority for Victoria, Australia. Like all state governments, it is formed by three independent branches: the executive, the judicial, and th ...
has established the
Marine Board of Victoria Marine is an adjective meaning of or pertaining to the sea or ocean. Marine or marines may refer to: Ocean * Maritime (disambiguation) * Marine art * Marine biology * Marine debris * Marine habitats * Marine life * Marine pollution Military ...
to perform the functions of a court of marine inquiry.


Fiji

In
Fiji Fiji ( , ,; fj, Viti, ; Fiji Hindi: फ़िजी, ''Fijī''), officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consists ...
, 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 - https://web.archive.org/web/20061231155107/http://www.records.nsw.gov.au/cguide/c3/ctmar.htm *Re Grounding of MV "TNT ALLTRANS" - (1986) 67 ALR 107 *Public Records Office, Victoria - https://web.archive.org/web/20070908164006/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


References

{{DEFAULTSORT:Court Of Marine Inquiry Courts by type Admiralty law