Memoranda of Understanding

Memorandum of understanding with Australian Maritime Safety Authority signed

On 14 August 2002, a Memorandum of Understanding between the Court and the Australian Maritime Safety Authority ("AMSA") was formally entered by the Chairman of AMSA, Dr Kenneth Moss and the then Chief Justice, the Hon Michael Black AC.

The AMSA Memorandum:

• briefly describes the role of the Marshal and of AMSA;
• identifies for the Marshal those operations that contain inherent safety considerations;
• sets out arrangements for the provision of advice on issues relating to the safety of a ship in the Marshal's custody; and
• provides an agreed two-way channel of communication between the Marshal and AMSA staff during an arrest and subsequent custody of a vessel.

Memorandum of understanding with Australian Customs and Border Protection Service

On 9 October 2013, a Memorandum of Understanding between the Federal Court of Australia and the Australian Customs and Border Protection Service (Customs) was formally signed by the Principal Registrar of the Federal Court, Warwick Soden, and the Chief Executive Officer of Customs, Michael Pezzullo.  The Memorandum outlines the protocol for Customs to provide its officers to be appointed as a Marshal for the purpose of executing an arrest of a ship or property, as required.  The short term appointment of local customs officers will address the difficulties in conducting arrests in remote locations and work health and safety issues associated with these arrests.  The Federal Court’s employees appointed as a Marshal will presently continue to undertake arrests locally but in the medium to long term Customs may also be used for local arrests.

The MOU, to be implemented on 4 November 2013:

• outlines the relevant legislation;
• identifies the assistance to be provided by Customs and the support by the Federal Court;
• briefly describes the role of Customs;
• briefly describes the Admiralty jurisdiction and sets out the functions and obligations of the Marshal;
• provides an agreed two-way channel of communication between Customs and the Federal Court for both general policy matters and day-to-day liaison.
  

Memorandum of understanding with Ports Australia

A Memorandum of Understanding between the Federal Court of Australia and Ports Australia was formally signed by the Chief Executive Officer of Ports Australia and the Chief Justice of the Federal Court. The Memorandum specifies an array of mutual assistance arrangements between the Federal Court, Ports Australia and its members.

The  Memorandum:

• outlines the form of assistance that Ports Australia and its members will  provide to the Federal Court and Officers of the Court;
• identifies the important interaction arrangements for advice and lines of communications necessary for Court work and the integration with port operations;
• facilitates improved Court Officer training through port Safety Induction opportunities;
• Improves the Federal Court’s communication to port authorities relating to Court officer work and its influence on port operations.

Further information and contact details

For further information about commencing a proceeding or applying for an arrest warrant, please contact a judicial registrar of the Court.

For further information about the conduct of an arrest once a warrant is issued, or about a ship or property that is in custody, please contact the admiralty marshal responsible for the arrest. This will usually be the Marshal in the Registry where the ship or property is located.