Originally Posted by
40years
"What provision, precisely, of the TSI Act prohibits the ATSB from publishing ATC/Centre recordings? There are 'live' feeds of ATC/Centre comms on the internet."
Division 3 - RESTRICTED INFORMATION.
The VOICE recordings and ADS replays are, no doubt, important elements of both the ATSB and any AsA Investigations. Such material would be classified restricted, and protected until the ATSB releases it.
In the past, Airservices has had to request permission from ATSB to enable use of such material in their own investigations, when ATSB has established its own investigation.
Hence it is not a simple matter for Airservices to release in-house investigations, particularly when ATSB is still conducting theirs.
Let's not even consider wandering down the path of liability, privacy, etc, of a release based on an unprotected internal investigation.
You answered a question I didn't ask. I didn't ask about releasing an internal Airservices investigation.
The reason there are supposedly independent transport safety investigators is to conduct supposedly independent investigations to find out why things happened.
I note that reg 2.9 of the TSI regulations says: "For the purposes of section 48 of the Act, a recording is not an on‑board recording for the purposes of the Act if the recording is: (a) an oral communication recorded by an air traffic service or a certified air‑ground radio service for the purpose of directing or monitoring the progress of an aircraft ...".
I ask again: What provision, precisely, of the TSI Act prohibits the
ATSB from publishing ATC/Centre comms recordings?