Section 7 of the TSI Act clearly states that it is not the object of the Act to:
•apportion blame for transport accidents or incidents;
•provide the means to determine the liability of any person in respect of a transport accident or incident;
•assist in court proceedings between parties (except as expressly provided for in the Act); or
•allow any adverse inference to be drawn from the fact that a person is subject to an investigation under this Act;
An ATSB investigation is purely aimed at determining the factors which led to an accident or safety incident so that lessons can be learned and transport safety improved in the future. The ATSB's ability to conduct an investigation with this objective would be compromised if it sought to lay blame, as the future free-flow of safety information could not be guaranteed. ATSB investigation reports cannot be used in criminal or civil proceedings. Release of sensitive safety information obtained by the ATSB is strictly regulated.
Liability may arise in relation to an ATSB investigation if a responsible person does not report an immediately reportable matter (IRM) or routine reportable matter (RRM), or if a person deliberately hampers an investigation, or releases sensitive safety information without authorisation.
But who is the Delegate to administer that section of the Act - ATSB or DoT? Who is the "Chief Commissioner"? The ATSB appears to have an Executive Director, not Chief Commissioner?
PLovett may know.