From the report:-
"Please do not make broadcast transmissions or engage in chatter on an ATC frequency. The safety of others depends on you not doing this.
Pilots are not precluded from responding to any ATC or pilot transmission when they believe their safety is at risk from another aircraft.
When you are flying in Class E airspace you are responsible for separation from other aircraft.
The onus is on you to look out and see and avoid other aircraft."
In this instance the Lancair pilot ONLY stated that he saw the 737 - it appears that at NO TIME did either of the
VB pilots see the Lancair.
But of course Dick will maintain that this was the fault of the (
VB) pilots, and not the system.
It was a
TCAS RA that prevented this from becoming a mid-air collision.
A TCAS RA is effectively an
emergency manoeuvre.......and it would appear that in Australia that is why this airspace has been delegated "E".