Subsection 25(1) of Part 4 of the Transport
Safety Investigation Act 2003.
25 Reports on investigations
(1) The ATSB must, as soon as
practicable after an investigation has been completed, publish, by
electronic or other means, a report in relation to the
investigation.
(2) The ATSB may, at any time before an
investigation has been completed, publish, by electronic or other
means, a report in relation to the investigation if it considers
that the publication of the report is necessary or desirable for
the purposes of transport safety.
(3) A published report may include
submissions that were made by persons to the ATSB in response to a
draft report, safety action statements or safety
recommendations.
(4) A published report must not include
the name of an individual unless the individual has consented to
that inclusion.
(5) In this section:
report
means any one or more of the following:
(a) a report;
(b) safety action
statements;
(c) safety
recommendations.
25A Responses to reports of, or containing, safety
recommendations
(1) This section applies if:
(a) the ATSB
publishes a report under section 25 in relation to an
investigation; and
(b) the report is,
or contains, a recommendation that a person, unincorporated
association, or an agency of the Commonwealth or of a State or
Territory, take safety action.
(2) The person, association or agency to
whom the recommendation is made must give a written response to the
ATSB, within 90 days of the report being published, that sets
out:
(a) whether the
person, association or agency accepts the recommendation (in whole
or in part); and
(b) if the person,
association or agency accepts the recommendation (in whole or in
part)-details of any action that the person, association or agency
proposes to take to give effect to the recommendation; and
(c) if the person,
association or agency does not accept the recommendation (in whole
or in part)-the reasons why the person, association or agency does
not accept the recommendation (in whole or in part).
(3) A person commits an offence if:
(a) the person is
someone to whom a recommendation is made in a report published
under section 25; and
(b) the person
fails to give a written response to the ATSB within 90 days setting
out the things required by paragraphs (2)(a), (b) and (c) (as
applicable).
Penalty: 30 penalty units.
(4) Subsection (3) applies to an
unincorporated association as if it were a person.
(5) An offence against
subsection (3) that would otherwise be committed by an
unincorporated association is taken to have been committed by each
member of the association's committee of management, at the time
the offence is committed, who:
(a) made the
relevant omission; or
(b) aided, abetted,
counselled or procured the relevant omission; or
(c) was in any way
knowingly concerned in, or party to, the relevant omission (whether
directly or indirectly or whether by any act or omission of the
member).
26 Draft reports
(1) The ATSB may provide a draft report,
on a confidential basis, to any person whom the ATSB considers
appropriate, for the purpose of:
(a) allowing the
person to make submissions to the ATSB about the draft report;
or
(b) giving the
person advance notice of the likely form of the published
report.
(2) A person who receives a draft report
under subsection (1) or (4) must not:
(a) make a copy of
the whole or any part of the report; or
(b) disclose any of
the contents of the report to any other person or to a court.
Penalty:
(a) in the case of
a contravention of paragraph (a) - 20 penalty units; or
(b) in the case of
a contravention of paragraph (b) - imprisonment for 2 years.
(3) Strict liability applies to the
element of the offence against subsection (2) that the draft
report is received under subsection (1) or
(4) Subsection (2) does not apply
to any copying or disclosure that is necessary for the purpose
of:
(a) preparing
submissions on the draft report; or
(b) taking steps to
remedy safety issues that are identified in the draft report.
Note: A defendant bears an evidential burden in
relation to a matter in subsection (4). See subsection 13.3(3)
of the Criminal Code.
(5) A person who receives a draft report
under subsection (1) or (4) cannot be required to disclose it
to a court.
(6) A person who receives a draft report
under subsection (1) or (4) is not entitled to take any
disciplinary action against an employee of the person on the basis
of information in the report.
(7) A draft report provided under
subsection (1) must not include the name of an individual
unless the individual has consented to that inclusion.