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Freedom of Information

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 [PDFPDF: 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


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Last Updated: April 29, 2010