Boyd
Very good points, put somewhat more lucidly than Mr Katter.
I agree that harm is done by disclosure. However, I don’t agree with the categorical nature of your observation that “no harm
at all is done by the act of copying a draft report”. [My emphasis]
Every copy increases arithmetically the risk of disclosure, inadvertent or otherwise. And that increases a person’s reticence to supply full and frank information.
I also think we should carefully note to whom the prohibition applies, and the exceptions to the prohibition.
The prohibition applies only to a person who receives a draft report under “subsection (1) or (4)”. If a draft report is sent to you by the ATSB under subsection (1) so as to allow you to make a submission on the draft,
you are the
only recipient of
that particular document in terms of the prohibition. If one of your highly efficient administrative staff spots the document in the ‘in tray’ and copies it in accordance with standard office practice before it gets to you, I don’t see how that member of staff has received the document in terms of the prohibition. I would in any case expect that the ATSB would be very careful to ensure draft reports are delivered to the intended recipient personally.
More importantly, note subsection 26(4). It says:
(4) Subsection (2) [i.e. the prohibition on copying or disclosure] does not apply to any copying or disclosure that is necessary for the purpose of:
(a) preparing submissions on the draft report; or
(b) taking steps to remedy safety deficiencies that are identified in the draft report.
[my emphasis]
If you receive a draft report under subsection (1), you are allowed to copy or disclose for the purposes set out in subsection (4), and your highly efficient staff may do the same. But that far, and no more.