Uh, oh: Federal Government to seek full cost recovery for Antarctic expedition rescue
Federal Environment Minister Greg Hunt yesterday said costs, estimated at about $2.4 million, would be sought from the insurer of the operators of the vessel.
The MV Akademik Shokalskiy, chartered by the University of NSW-associated Australasian Antarctic Expedition to retrace the steps of explorer Sir Douglas Mawson, became stuck in thick sea ice on Christmas Eve.
The 52 passengers were rescued by the Aurora Australis on January 2.
Mr Hunt said the Commonwealth would seek compensation for the recovery effort.
“We will be seeking full cost recovery through insurers for the up to $2.4 million costs incurred by the Australian government,” he said.
“We have a duty to protect life at sea and we do that willingly.
“However, what we see here is that there are some questions as to whether or not the ship was detained by the action of those on board within an area the captain had identified as potentially being subject to being frozen in.
“I think we have a duty on behalf of taxpayers to seek full cost recovery.”
Source: http://www.news.com.au/national/federal-government-to-seek-full-cost-recovery-for-antarctic-expedition-rescue/story-fncynjr2-1226809033585
h/t to Lucia at the Blackboard
Related: Battle begins over Antarctic rescue bill
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I’m betting that with this revelation…
About 2.30pm the weather deteriorated. At the same time Captain Kiselev saw slabs of sea ice moving into the open water channel from which the ship had entered the area. He called for everyone to return.
A passenger standing near Professor Turney overheard the voyage leader, Greg Mortimer, telling him over the radio to bring passengers back to the ship so it can leave.
But minutes later, Professor Turney drove six more passengers into the field.
…the insurers will likely say the incident was caused by neglience on the part of Dr. Chris Turney, and toss the claim back in their laps.
UPDATE: Gosh, the hardships these Guardian guys faced is just inspiring. So is the lack of self-awareness.
And finally, @loztopham gets his peanut butter milkshake. At Dubai airport. pic.twitter.com/CJaVVTrp4e
— Alok Jha (@alokjha) January 24, 2014
Gail Combes – I agree. My earlier post was not to mean I think insurers will cough up without a fight. This is going to be ugly but we outsiders won’t actually get to see most of it. The ship’s insurance company will refuse to pay and will file an action against the university insurance company. Both will then start forensic evaluations which will last about one to two years while the legal departments of both companies strategize and posture (called negotiate) to frame the other one.
In the midst of it, we here can take some comfort knowing that, behind the curtain, Dr, Chris will be in the hot seat and will first be interrogated by both (or more) insurers, by his university, and THEN he will be deposed if the insurers can’t come to settlement terms.
what we can all REALLY hope for is that the organizations which sent reporters and/or others who went there on their respective payrolls will seek reimbursement for lost time and lost money with nothing to show for it. It would not cost them much to join an existing action, so this could be a lot of fun. Of course it could all go futt, but we can hope, can’t we.
What was your point again? I didn’t quite get where you were going with that.
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Government’s, even western democracies, don’t play nice when their interests are threatened.
The more public scrutiny and ridicule bought to bear on these fools from “Kensington High School” the better – no respite whatsoever.
Re Richard D says: January 24, 2014 at 10:50 am
Gail Combs says: January 24, 2014 at 11:07 am
kenw says: January 24, 2014 at 11:10 am
The legal term for an insurance company going after parties to get back what it paid out for damages is “subrogation”:
http://legal-dictionary.thefreedictionary.com/subrogation
http://en.wikipedia.org/wiki/Subrogation
An example is provided here:
http://dictionary.law.com/Default.aspx?selected=2044
[begin quote]
subrogation
n. assuming the legal rights of a person for whom expenses or a debt has been paid. Typically, subrogation occurs when an insurance company which pays its insured client for injuries and losses then sues the party which the injured person contends caused the damages to him/her. Example: Fred Farmer negligently builds a bonfire which gets out of control and starts a grass fire which spreads to Ned Neighbor’s barn. Good Hands Insurance Co. has insured the barn, pays Neighbor his estimated cost of reconstruction of the barn, and then sues Farmer for that amount. Farmer will have all the “defenses” to the insurance company’s suit that he would have had against Neighbor, including the contention that the cost of repairing the barn was less than Neighbor was paid or that Neighbor negligently got in the way of firefighters trying to put out the grass fire.
[end quote]
Political dog and pony show…. The taxpayers will ultimately end up footing the bill for this nonsense in one way or another.
@ur momisugly Neil.
I’m familiar yet here we’re dealing with maritime law. The captain is responsible for the lives and safety of passengers and crew on his ship.
@Greg 11:29
Perhaps the contrast between countries reactions to the Greenpeaes bullying,
The French fiasco was a publicity boon to the activists, got them all kinds of Cred in NZ and world wide.Being sneaky as a state failed.
Of course one must remember the investigation did show the cameraman drown as he tried to save his camera gear before himself.
Changes little for French culpability, murder or manslaughter the man is still dead from an act of state terrorism.
But what French activity have they protested since?
The Russian response was simple and to the point
I am still waiting for the cowards at greenpeace to protest in China.any Opec country,the heavy oil industries of California…
Its not gonna happen, which shows the PR hackivists for what they are.Fully funded flunkies.
What Chairman Moa called useful idiots fill the lower ranks..
On topic
The money talks will have the cruise participants stabbing each other in the back in most amusing ways.
From damning with faint praise, to throwing Turkey meat to the wolves.
When will this ship of fools stop entertaining ?
Sort of like the CRU emails, a gift that keeps on giving.
I believe, from previous information, that my particular university has something like a $5 million deductible. Otherwise the policy premiums are too expensive if the insurer has to cover every little thing. Obviously I don’t know anything about UNSW.
It also depends on who the “operators” being sued are, which I’m not clear on. Would that be the signatories to the charter, or the tour company, or the Russian owners?
But, something to keep in mind, if the costs are lower than or close to the deductible for whomever covers the insurance, insurance might be irrelevant in this case.
Here in Arizona we have what is known as the “Stupid Motorist Law”. During our Monsoon season some roads over washes can flood during or after a storm. Barriers are put up warning motorists not to attempt crossing the flooded road. Some do anyway and end up needing rescue. Often the water is strong enough to float the car and carry it downstream. The Stupid Motorist Law means the motorist pays for his own rescue, plus an additional $2,000 just for being stupid.
Perhaps Antarctica needs a Stupid Tourist Law.
I gotta funny sorta feelin’ Mr. Turkey is being thrown under the bus by the Warmists at the Independent and the BBC. They called it a “fiasco”.
Let us not forget this little gem too:
The forces are closing in on Mr. Turkey. He thought he could escape responsibility by yapping on about fast ice and unpredictability. He should have listened to the captain.
The refusal of the tourist to return, when ordered by the captain, could possibly be considered mutiny.
Uh oh…http://www.youtube.com/watch?v=B84O9k1ZX4g
I wonder whether the insurance company will launch an investigation first. Would they be obliged to pay if they can show that Turney disobeyed orders from the captain? Who pays if they don’t.
Actual scientific expeditions doing work in areas visited would have enlisted an icebreaker and NOT an ice hardened ship. The owner contracted for work beyond the boats intended purpose and design or else the captain allowed himself to be talked into taking chances that put lives and boat at risk. The owner/captain won’t be let off by saying they ceded responsibility to expedition leaders.
Turney is still an idiot, and deserving of boat loads of ridicule.
I’m ignorant, but I wonder whether the fact they were on shore matters. If they were dropped off for a day trip in coldest Norway, wouldn’t they bear some of their own responsibility? Is Antarctica different that way?
A delicious irony would be if Turney took insurance from Catlin, the insurance company of 2011 ‘Arctic Survey!!’ fame.
Agree this entire sheemozzle has light years to run yet.
I am waiting to learn if UNSW gave $1.5million to AAE no reply from UNSW.
Also curious at contradiction between Russian crew who said on return to Bluff that they put out a “pan pan pan” message yet AMSA gets this from Falmouth UK as a “distress” call.
I have asked the AMSA Minister to look into why AMSA did not downgrade the thing below distress when AAE were clearly partying on and simply delayed not in distress – The AAD ship could have completed cargo operations at Casey before hightailing it east.
Naturally no reply – normal.
It’s difficult for me to fathom a professional master/skipper allowing an idiot like Turney to do what he did. The skipper by law is solely responsible for the life and safety of all souls on his ship, as well as the ship physically. The skipper put his ship and passengers in a situation where everything had to go right in an environment that likely exceeded the boat’s intended build/purpose. Inexcusable. The owner/insurance will rightly be held responsible. I don’t doubt there will be an adjustment in the skipper’s future.
In fairness to the captain, if he tells Mortimer, “Don’t leave the ship, the ice is coming, pass it on,” and Mortimer tells Turney, “Don’t leave the ship, the ice is coming,” and Turney drives off anyway, I’m not sure that’s the captains fault (to put it mildly).
@ur momisugly Greg. If memory serves it was a Spanish journalist who was trapped on board as the Rainbow Warrior sank, the two agents were unaware that he had slipped back on to the ship, he had nothing to do with the actual crewing of the ship.
There’s a new sheriff in town. I’m liking the cut of this Abbott gentleman’s jib.
I agree with the potential for a ‘chilling effect’ on real science (hey, there’s a pun there, I guess) but this one was such a mess from concept to execution that the miscreants have to be sanctioned somehow.
I’m betting that Turney et al was probably concerned that some of his hangers-on would probably be clamoring for a refund if they didn’t get time on the ice.
Clay Marley says:
January 24, 2014 at 12:01 pm
” … Perhaps Antarctica needs a Stupid Tourist Law. …”
—-l
Maybe the Australian counterpart of the director of the French Polar Institute (the one who was “spitting tacks with anger” ) would welcome the idea 🙂
Australia’s Antarctic Tourism Policy, March 2004
To implement this policy Australia will work to develop within the Antarctic Treaty system:
•an accreditation scheme to encourage adherence to voluntary guidelines and codes of behaviour by all tourist expeditions;
•an environmental monitoring framework capable of identifying both short-term and cumulative impacts arising from tourism activities;
•activity guidelines addressing environmental and safety issues which will assist in the planning and conduct of activities commonly undertaken by tourists to ensure that such activities have no more than a minor or transitory environmental impact and are conducted in a safe and responsible manner;
•a site management system incorporating site-specific guidelines to identify and put in place management controls for sites identified as being at risk;
•an Antarctic shipping code for consideration by the International Maritime Organisation to encourage appropriate environmental and safety standards for commercial shipping in the Antarctic Treaty area;
•a co-ordinated inspection/observer scheme to audit compliance with regulatory and voluntary measures governing tourism activities;
•effective quarantine procedures to prevent the introduction and spread of exotic species in the Antarctic environment.
•a database on tourism activities to assist in the management of these activities; and
•a financial security system that requires all tourism activities to carry adequate insurance, provide a bond, or otherwise indemnify or reimburse others against the cost of support provided in the event of accidents or an emergency.
http://www.antarctica.gov.au/about-antarctica/tourism/australian-policy
I would suggest a mechanics lien be placed on Chris Turney’s assets until the bill is paid.
Lionell Griffith says:
January 24, 2014 at 11:21 am
If they have to pay, they would be getting off easy. There was a time when such stupidity was far more costly. There would have been no survivors.
I suspect an important cause of the rampant rise of stupidity is that there is no longer a cleansing of the stupid gene pool….
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Perhaps we need a new award. Zombies of the Gene Pool
Richard D says:
January 24, 2014 at 11:52 am
@ur momisugly Neil.
I’m familiar yet here we’re dealing with maritime law. The captain is responsible for the lives and safety of passengers and crew on his ship.
The captain had the option to leave the dipsticks on the ice, take his boat to safety. If that could be construed as necessary to protect the safety of the majority of passengers and crew, captain screwed up.
I bet 2.4 million is enough to end an Antarctic tour company.