The object of the Freedom of Information Act 1982
(FOI Act) is to extend as far as possible the right of the
Australian community to access to information in the possession of
the Government of the Commonwealth.
Making an FOI request
A request for access to document(s)/information must:
- be made in writing (optional - fill in the Application for
Documents under the Commonwealth Freedom of Information Act
1982 form [
PDF:
83KB]);
- provide enough information to enable the
document(s)/information sought to be identified;
- specify an address in Australia at which notices under the FOI
Act may be sent to you;
- be accompanied by the $30.00 application fee; and
- be sent to the agency at an address specified.
You may wish to provide a contact phone number or an email
address so you can be contacted, if necessary, to discuss the
request.
Payment for the application fee can be made by cheque. Please
make the cheque payable to the Australian Transport Safety
Bureau.
Your cheque can be sent to the following address:
Freedom of Information
Coordinator
Australian Transport Safety Bureau
PO Box 967
CIVIC SQUARE ACT 2608
In some circumstances, the application fee may be remitted.
Should you wish to seek the remission of the application fee, the
criteria considered by the Australian Transport Safety Bureau
(ATSB) include whether:
- the payment of the fee or part of the fee would cause financial
hardship to the applicant or a person on whose behalf the
application was made;
- the giving of access to document(s)/information is in the
general public interest or in the interest of a substantial section
of the public.
You would need to contact the ATSB in writing or by email and
explain why you meet the criteria or that the overall circumstances
justify you not paying the fee. Please forward your request for
non-payment of the application fee to the Freedom of Information
Coordinator. Until the application fee for a request is paid or
otherwise decided on, your FOI request cannot be processed.
The FOI Act provides for other fees and charges associated with
the processing of the request. These charges may relate to the time
spent searching for and retrieving relevant
document(s)/information, decision making time, photocopying and
other costs. If lodging an FOI request, you will be notified as
soon as possible of an estimate of the charges associated with
processing your request. Your request will not be processed until
you respond to any such notification.
Restricted Information exemption
It is recommended that prior to lodging an FOI request, the
applicant has an understanding of how the ATSB is required to
perform its functions under the Transport Safety
Investigation Act 2003 (TSI Act). Section 12AA of the TSI
Act states that the function of the ATSB is to improve transport
safety through, among other things, independent investigations of
transport accidents and incidents. It clearly stated that it is not
the purpose of ATSB investigations to apportion blame or provide a
means for determining liability.
ATSB transport safety investigators exercise statutory powers
delegated by the ATSB and the Chief Commissioner in accordance with
the provisions of the TSI Act. The TSI Act allows the ATSB to
investigate transport safety matters in the aviation, marine and
rail transport modes within the Australian Governments
constitutional jurisdiction and to release transport safety
information, including investigation reports that detail the
findings and significant factors that led to a particular transport
safety occurrence.
A comprehensive regime of provisions within the TSI Act is in
place to maintain the confidentiality of, and legal protection for,
a range of sensitive safety information obtained by ATSB
investigators.
Therefore, it is important to note that significant amount of
information gathered by the ATSB during the course of its
investigations is defined as restricted information under section 3
of the TSI Act and access to such information is exempt from
release under subparagraph 38(1)(b)(i) of the FOI Act. Under
section 60 of the TSI Act staff members (as defined by section 3 of
the Act and covering the classes of persons working for the ATSB),
Commissioners, Consultants and persons given access under section
62, are prohibited from copying or disclosing restricted
information.
ATSB transport safety reports are published on its website at
www.atsb.gov.au and are freely available to the public. However,
these reports were published under section 25 of the TSI Act
attracting the protection of section 27. Section 27 of the TSI Act
states that:
(1) a report under section 25 is not admissible in evidence in any
civil or criminal proceedings.
(2) Subsection (1) does not apply to a coronial inquiry.
If you need further information or wish to lodge a formal
request seeking access to document(s)/information under the FOI
Act, please do not hesitate to contact the FOI Coordinator:
Freedom of Information Coordinator
Australian Transport Safety Bureau
PO Box 967
CIVIC SQUARE ACT 2608
Tel: (02) 6274 6488
Fax: (02) 6247 3117
email: FOI@atsb.gov.au