From the Pel-Air Senate Committee 28 Feb 2013:
Senator FAWCETT: At the end of a fairly long and convoluted process, the highest risk you would attribute to the safety outcome for the patient, their family, their nurse and their doctor on an EMS operation like this is fairly low because of the process. I, personally, have some concerns with that approach, but I hear that is the process you are working with.
I take you to annex 13 from ICAO. Are you familiar with their definition of standards versus recommended practices?
Mr Dolan: Yes, I am
Senator FAWCETT: So are you familiar with the use of the world 'shall' or 'should'?
Mr Dolan: Yes, I am familiar with italics as opposed to standard type, and various other things in the standard.
Senator FAWCETT: In paragraph 5.4 it says:
The accident investigation authority shall have independence in the conduct of the investigation and have unrestricted authority over its conduct … The investigation shall include:
a) the gathering, recording and analysis of all available information on that accident or incident;
Mr Dolan: 'Shall normally include', yes.
Senator FAWCETT: No, it says:
The investigation shall include:
a) the gathering, recording and analysis of all available information on that accident or incident;
There is no 'should', no 'normally'—it says 'shall'.
Mr Dolan: The version I have, which is the version promulgated on 18 October 2010, with additions that have been updated, says, 'The investigation shall'—and I agree with 'shall'—'normally include …'
Senator FAWCETT: It appears mine is not the current version, so I will stand corrected on that.
Mr Dolan: 'Shall' is the language.
Good to see that Captain Courageous is highly skilled at playing one upmanship with the Senator. It is scandalous that in a short period of time the ATSB has fallen from being a highly respected authority in Aviation safety to a "Yes Minister" operation that is only good at playing wordgames with the Senate inquiry.