There are mistakes in the transcript above. For example, three comments that appear in the Hansard against Mr McCormick’s name are wrongly attributed to Senator Fawcett above.
The key parts of the Hansard are below.
I have to say I don’t quite understand Mr McCormick’s logic in withholding the ‘Chambers Report’ from the ATSB.
During the 15 Feb 13 hearings he said:
Mr McCormick: … Whether the ATSB would have changed its report, as we have already said, is a matter for the ATSB, and I am certain you can ask them that.
Senator FAWCETT: No, it is not.
Mr McCormick: Well, I cannot put myself in the position of the ATSB and decide what I would have thought if I had received a report.
Senator XENOPHON: That tells me you have withheld information from the ATSB.
…
So Mr McCormick seems to be saying that he cannot speculate on what effect, if any, the content of the Chambers Report would have had on the ATSB’s investigation and report. And that makes sense to me.
But his stated reasons for withholding the Chambers Report from the ATSB seem to be based on precisely that kind of speculation:
Mr McCormick: … I took the view that that did not, in any way—the Chambers report—should not be influencing ATSB in their deliberations. ... I am very aware that we do not want a contagion effect on the ATSB. …
Isn’t that speculation on what effect the Chambers Report may have had on the ATSB?
BTW, has anyone paused to reflect on what a complete nonsense the concept of an MoU is in these circumstances? An MoU is a typical ‘look busy’ non-response to a problem that had already been solved. There are hundreds of pages of legislation and policy about when and to whom CASA and the ATSB must, must not and may disclose information, and on what conditions. Adding a few pages of non-binding ‘understandings’ to the pile makes no difference to what the applicable pieces of legislation and policy already require, prohibit and permit.