Given Creamy's perfect summary in 'C minor' or "K's" 'D major' makes you wonder how the bureau continue's to stand by the report, see here page 6 of yesterday's Hansard:
MD said:We undertook the investigation of the Norfolk Island accident and published an investigation report under those functions and conditions. A number of claims have been made about the inaccuracy of the investigation report or about omissions in the report.
As I indicated, we have provided a range of submissions to the committee addressing the points raised. The latest was yesterday, addressing some assertions that had been made about the fuel planning and management of the accident flight. The ATSB remains satisfied that there is no material error of fact in the report.
We have also satisfied ourselves that, at this stage, no significant new information has been brought to light that requires a formal reopening of the investigation.
I would like to make it clear that the ATSB stands by its report.
Almost totally farcical except in this case it is 'obscene' because this is coming from the 'Australian Transport Safety Bureau'! Or as Senator X mentions on page 4..."
A number of pilots have approached me and said that concerns them, because if it goes off to the regulator, to CASA, that may inhibit their willingness to report issues of safety to the ATSB, as the primary safety body for aviation in this country."
Professor McMillan although an obvious expert in the law could best be described as a layman in regards to aviation highlighted perfectly these issues on reviewing the October 22 Hansard:
Prof. McMillan: I am interested that the secrecy provision does not apply to the information-gathering powers of the parliament. This committee has requested information that would otherwise be protected against release under the FOI Act. Clearly that is one way in which a balance has been struck in the legislation.
The other comment that I would make, and this is just an observation from reading the earlier transcript, is that I note the comment of the Chief Commissioner, Mr Dolan, that with hindsight the report could have been a more fulsome report that discussed lines of inquiry that were decided not to be relevant and arguments that were not accepted. Generally speaking, that is by far the better way of ensuring that information gets on the public record in a better form.
FOI is certainly a valuable legal means but it can operate in a fairly random way because of its interaction with exemption provisions and because of the range of documents that are released. (my bolding)[/
