You be the judge on the facts.
On 4BC radio on 15 April 2004, Dick Smith said ...
The air traffic controller allowed this to happen. It's basically criminal
The interim ATSB report states ...
crews of both aircraft and the ATS controller complied with the published procedures for Class E airspace under NAS.
The ATSB also noted ...
Prior to NAS phase 2b, that section of airspace was classified as Class C airspace. In Class C airspace, both aircraft would have been subject to an ATS airways clearance and would have been separated in accordance with prescribed standards.
Over to you Dick ...