AGY-515 | Court of Marine Inquiry

Full description

The Court of Marine Inquiry was established by the Navigation (Amendment) Act, 1899 (Act No.32 1899) which received assent on 17 March 1900. (1) The Act abolished the Marine Board and created in its place both the Court of Marine Inquiry and the Navigation Department. This division in the judicial and administrative functions had been recommended by the Royal Commission into the Marine Board in 1897. A Court of Marine Inquiry was constituted by any one or more of the Judges of the District Court, assisted by two assessors appointed under the Act with power to advise but not to adjudicate on any matter before the Court. The District Courts "holden at towns and places within the Metropolitan, Suburban and Hunter District, constituted under the ‘District Courts Act, 1858’" were proclaimed to be Courts of Marine Inquiry for the purpose of the Act on 3 April 1900 (2) and general rules governing the Courts were published in the NSW Government Gazette on 27 April 1900. (3)

Where a District Court has been proclaimed a Court of Marine Inquiry by the Governor, it has power to make inquiries into shipwrecks and other casualties affecting ships and into charges of incompetency or misconduct on the part of the masters, mates or engineers of ships, either in the case of British ships on or near the coast of New South Wales, or on a ship registered in New South Wales. The Courts have power to suspend or cancel certificates and to determine appeals in respect of the detention of ships alleged to be unsafe.

Endnotes
1. New South Wales Government Gazette No.239, 19 March 1900, Vol.2, p.2233.
2. New South Wales Government Gazette No.299, 3 April 1900, Vol.2, p.2691.
3. New South Wales Government Gazette No.387, 27 April 1900, Vol.2, p.3249.