Unlicensed marine pilots steered some of the biggest cargo ships – and berthed fuel tankers – in Melbourne ports more than 50 times, a court has heard, sparking concerns about safety in the busy Port Phillip Bay.
Federal Court documents obtained by The Sunday Age allege marine pilots working for one company, Auriga, allegedly helmed at least 56 ships without holding the appropriate licence between late 2020 and early 2023.
Ships docked at the Port of Melbourne.Credit: Joe Armao
Despite the court claims, Victoria’s transport safety regulator has not investigated the allegations.
The court case brought against Auriga by competitor Port Phillip Sea Pilots was settled without proceeding to trial – but each allegation of unlicensed piloting was identified in the statement of claim.
It included details of trips made by eight pilots working for Auriga, listing when they had obtained qualifications to operate in different parts of the Port of Melbourne and matching them against trips made when they did not yet have these licences.
The case has also raised safety concerns within the industry about how the piloting of large ships is regulated around Port Phillip Bay.
At least two of the trips highlighted in the court documents involve the berthing of fuel tankers in Williamstown.
Under law, every vessel over 35 metres must have a licensed marine pilot on board when visiting the Port of Melbourne or Geelong, functioning as temporary captains with local knowledge, responsible for safety and navigation until the ship is berthed or back at sea.
Pilots have different classes of licence that allow them to operate larger ships and navigate certain berths, known as precincts. Most pilots must have an individual condition for each precinct, with the Federal Court case hinging on the argument that pilots working for Auriga did not have correct licence for the areas they were navigating.
One industry source, speaking anonymously to avoid repercussions, told The Sunday Age that complaints about the alleged unlicensed trips by the Auriga pilots had been made to Safe Transport Victoria.
Credit: Illustration: Matt Golding
However, the state government said the regulator had not received any “formal complaints” alleging pilots were operating while unlicensed.
“Safe Transport Victoria takes unlicensed piloting seriously and will investigate any alleged safety breach when a claim is made,” a spokesperson said in a statement.
“To help ensure the safety of passengers, Safe Transport Victoria regularly undertakes inspections and enforcement operations across our ports.”
The agency would not comment on the court case because it was not a party to it.
Victoria is unusual because it has multiple pilotage companies working in the region. In other jurisdictions, these arrangements are tendered out to one contractor.
Before the matter was resolved, Port Phillip Sea Pilots had argued Auriga’s “misleading” conduct meant it had unfairly missed out on work that they otherwise would have received.
Auriga told this masthead in a statement that the court case had been “resolved on confidential terms to the satisfaction of both parties” and their operations had been audited.
Strict rules apply to the movement of ships in Port Phillip Bay.Credit: Luis Enrique Ascui
“Separately and in more general terms, Auriga Pilot systems and processes have been audited by Safe Transport Victoria and Ports Victoria and independently by an ISPO-approved classification society auditor under the International Standard for maritime Pilot Organisations code,” it said.
“We remain fully licensed and approved by all regulators to operate across the ports of Geelong and Melbourne.”
Under the Maritime Safety Act, a person who acts as a pilot without a licence that is “in effect” could be penalised more than $23,000 per offence.
The allegations against Auriga were made in a civil trial and it will not incur any penalties unless action is taken by regulators.
Most marine investigations from the Australian Transport Safety Bureau relate to ships commanded by marine pilots.
This includes an investigation into a “steering failure” from October 2023, when a beacon near the West Gate Bridge was hit by the CMA CGM Puccini.
That investigation is ongoing, with an interim report detailing that the “erratic behaviour” of the ship’s steering remained unexplained despite multiple inspections of the ship’s equipment and systems.
“Safe and well-regulated port facilities are critical to getting goods to market at the lowest possible price and the Allan Labor government must thoroughly investigate any allegations of misconduct,” opposition ports spokeswoman Roma Britnell said.
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