Who is responsible for passengers of stranded cruise ships in Australian waters?

A number of cruise ships are currently stranded in Australian Waters off the coasts of Western Australia and New South Wales. They have been directed not to dock at local ports but have many sick passengers on board.

Over a Zoom catchup last Saturday, a friend ventured onto the legalities of this issue.

I explained that Australia’s biosecurity laws were changed to require cruise ships entering Australian waters before 15 June 2020 to leave. There are some exceptions, such as where the ship is saving a life on board. The problem is, the ships are still here because the passengers need medical attention not available at sea.

The cruise operator has a clear legal obligation under consumer law and in negligence. The cruise ship operator must provide its cruise services with due care and skill, which quite obviously, is providing adequate medical assistance. And it has an obligation to take reasonable care for passengers on board. The conundrum for cruise ship operators is to weigh up the possible criminal consequences of not leaving Australian waters with the criminal and civil consequences of not saving lives.

We also have the power to direct the leave our waters. However, the Australian Government has an obligation to help to sick arrivals to Australian ports, or in Australian waters, by virtue of signing the World Health Organization International Health Regulations. So it too has a legal conundrum on its hands.

The problem is not easily fixed.

Lachlan Edwards is an experienced business lawyer with a background in litigation, consumer, insurance and banking and finance law. Lachlan can be contacted on 0427 916 442.