S.L. 234.38 Art. 14Complaints.

(1) The competent authority shall subject all complaints to a rapid initial assessment. If it is determined that a complaint is justified, the competent authority shall take the necessary action, in particular, ensuring that anyone directly concerned by that complaint may make their views known.

(2) Where the competent authority deems the complaint to be manifestly unfounded, it shall inform the complainant of its decision and of the reasons therefor.

(3) The identity of the complainant shall not be revealed to the master or the shipowner of the ship concerned. The inspector shall take appropriate steps to safeguard the confidentiality of complaints made by seafarers, including ensuring confidentiality during any interviews of seafarers.

(4) A complaint by a seafarer alleging a breach of the requirements of the Merchant Shipping (Maritime Labour Convention) Rules may be reported to the competent authority in Malta. In such cases, the competent authority shall undertake an initial investigation.

(5) Where appropriate, given the nature of the complaint, the initial investigation shall include consideration of whether the on-board complaint procedures provided for in the Merchant Shipping

(Maritime Labour Convention) Rules have been pursued. The competent authority may also conduct a more detailed inspection in accordance with regulation 8.

(6) The competent authority shall, where appropriate, seek to promote a resolution of the complaint at the ship-board level.

(7) In the event that the investigation or the inspection reveals non-conformities that fall within the scope of regulation 13, that regulation shall apply.

(8) Where sub-regulation (7) does not apply and a complaint by a seafarer related to matters covered by the Merchant Shipping (Maritime Labour Convention) Rules has not been resolved at the ship-board level, the competent authority shall forthwith notify the flag State, seeking, within a prescribed deadline, advice and a corrective plan of action to be submitted by the flag State.

(9) Where the complaint has not been resolved following action taken in accordance with sub-regulation 8, the competent authority shall transmit a copy of the report to the Director-General of the International Labour Office. The report shall be accompanied by any reply received within the prescribed deadline from the competent authority of the flag State. The appropriate seafarers’ and shipowners’ organisations in Malta shall be similarly informed. In addition, statistics and information regarding complaints that have been resolved shall be regularly submitted by Malta to the Director-General of the International Labour Office. Such submissions are provided in order that, on the basis of such action as may be considered appropriate and expedient, a record is kept of such information and brought to the attention of parties, including seafarers’ and shipowners’ organisations, which might be interested in availing themselves of relevant recourse procedures.