14. Maritime

A.  Overview

The closing of ports to contain the rate of infection within Australia raises various questions about the application of maritime law in the context of the COVID-19 pandemic.

B.  Legislation

Victoria:
Made under the Public Health and Wellbeing Act 2008 (Vic):  
​New South Wales:
Made under the Public Health Act 2010 (NSW):
  • Public Health (COVID-19 Maritime Quarantine) Order 2020: directs that a person who arrives in NSW on a vessel that has come from a port outside of NSW must not disembark from the vessel unless authorised, and once authorised to disembark must do go directly to a quarantine facility, hospital or other medical facility for 14 days.
    • ​​​On 8 April 2020, an exemption was granted to allow crew members to disembark the vessel to undertake essential tasks, and authorises people performing additional functions to board a vessel.
 
Queensland:
Made under the Public Health Act 2005 (Qld):  
Western Australia:
Made under the Emergency Management Act 2005 (WA): ​
C.  Case law

This is an area of substantive law that is very likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.