Anyway annex 13 versions aside the writer of the QPS Coroner's report points the way and reveals some serious flaws and possible breaches in both the bureau's and Fort Fumble's obligations to the ICAO annex 13, the TSI Act and the CAA.
1) Despite notified differences to Annex 13 para 5.1 by the bureau in 2011 at the time of this accident in 2008 the bureau were obligated to notify ICAO and investigate this accident. Why they didn't is open to conjecture but the notified difference to 5.1 at the time just does not cut the mustard:
5.1 In respect of ultralights and sport aviation, for example, microlights, gyrocopters, gliders and hang gliders, investigations will be conducted only if benefits to future safety are evident and resources allow for such investigation.
Remarks:
Australia has limited resources for accident and incident investigation and safety studies including database analysis. It is often the case that investigation of incidents or safety deficiencies involving regular public transport aircraft yield greater future safety benefit than investigation of sport aviation occurrences. Priority is given to the safety of the fare-paying public.
And regardless of whether the bureau could justify not investigating this accident (and as SC Anderson points out in his remarkable report) the bureau were still obligated under section 21 of the TSI Act to:
(3) The ATSB must, within 28 days of discontinuing an investigation,
make publicly available, by electronic or other means, a statement
setting out the reasons for discontinuing the investigation.
NB There is no provision within the act to not even start an investigation where there has been a fare paying pax fatality.
2) There is no notified difference to annex 13 para 4.1 in not notifying to ICAO the circumstances of this fatal accident. Yet as this accident is not listed on the ATSB investigation database one can only assume that ICAO haven't been notified.
3) Although there is a notified difference to para 7.1 of annex 13...
7.1 Australia will comply with the standard for the more complex accidents. However, for some less complex investigations Australia does not prepare a Preliminary Report.
The difference arises predominantly in relation to domestic occurrences, particularly those of a less complex nature, where Australia does not prepare a Preliminary Report.
...I would argue that this accident had enough complexities and murky layers to warrant the bureau to at least write a preliminary report but yet again it never happened.
Thank god for the Coroner's benefit that SC Anderson wrote an exemplary report!
Hmmm doing a "Kelpie"...nighty nite!
