Creampuff,
You are correct when you observe that flight recorder information may be used in a prosecution of a pilot for an offence against the Act.
The days of prosecuting just the pilot were formerly altered by Commissioner Moshansky following his comprehensive inquiry into the F28 crash at Dryden, Canada. The Commissioner identified systemic failures within the management of the airline as well as the regulating authority. Such failures simply identify the corporate culture under which pilots are obliged to perform their duties. Pilots who are making decisions under conditions of urgency and in compliance with the policy that the regulator and the company boardroom have imposed.
So perhaps we may see the prosecution of upper management decision-makers rather than the pilot, simply doing his job as expected.
Boyd,
If you represent Air Safety Australia would you not be in favour of equipment that assists investigators determine accident causation – particularly if a future accident is prevented?
We live in a great society - if we stuff up, pass the blame onto someone else - hopefully an insured party who can cough up big bucks! What ever happened to chivalry?