Part 1—Preliminary
1 Name
This instrument is the Transport Safety Investigation Regulations 2021.
3 Authority
This instrument is made under the Transport Safety Investigation Act 2003.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) ATSB (or Australian Transport Safety Bureau);
(b) immediately reportable matter;
(c) investigable matter;
(d) nominated official;
(e) reportable matter;
(f) responsible person;
(g) routine reportable matter;
(h) staff member;
(i) transport safety matter;
(j) transport vehicle.
In this instrument:
Act means the Transport Safety Investigation Act 2003.
aid to navigation: see section 18.
aircraft accident: see section 6.
aircraft incident: see section 6.
aircraft incident (external): see section 6.
aircraft system: see section 6.
Airservices Australia: see section 6.
approved flight envelope: see section 6.
Australian Flight Information Region: see section 6.
Australian port: see section 18.
Australian territory: see section 6.
CASA: see section 6.
Category A (passenger transport) aircraft operation: see section 8.
Category B (commercial non‑passenger) aircraft operation: see section 9.
Category C (non‑commercial) aircraft operation: see section 10.
Category D (type 2 RPA and certain uncrewed balloons) aircraft operation: see section 11.
close quarters situation: see section 18.
crew member:
(a) in relation to an RPA—means a remote pilot of the RPA; and
(b) in relation to an uncrewed balloon—means a person who has operational control of the balloon; and
(c) in relation to any other transport vehicle—means a person who has operational duties on board the transport vehicle.
declaration of an emergency: see section 6.
Department of Defence: see section 6.
excluded aircraft: see subsection 7(3).
fatal aircraft‑related injury: see section 6.
flight crew member: see section 6.
flight engineer: see section 6.
fuel exhaustion: see section 6.
fuel starvation: see section 6.
ICAO: see section 6.
internal waters of Australia: see section 18.
interstate voyage: see section 18.
Marine Safety (Domestic Commercial Vessel) National Law: see section 18.
National Rail Safety Regulator: see section 26.
operator, in relation to a transport vehicle, means a person, organisation or enterprise operating, or offering to operate, the vehicle.
overseas voyage: see section 18.
pilot:
(a) in relation to a ship—means a person who does not belong to, but has the conduct of, the ship; and
(b) in relation to an aircraft—includes a remote pilot of an RPA.
predicted performance: see section 6.
Rail Safety National Law: see section 26.
rail transport operator: see section 26.
redundant system: see section 6.
relevant air navigation: see subsection 7(2).
relevant marine navigation: see subsection 19(2).
reportable serious aircraft incident: see section 6.
RPA: see section 6.
runway incursion: see section 6.
separation standard: see section 6.
serious aircraft incident: see subsection 6A(1).
serious aircraft‑related injury: see section 6.
serious damage, in relation to a transport vehicle, means:
(a) damage that:
(i) significantly affects the structural integrity, performance or operational characteristics of the transport vehicle; and
(ii) requires major repair or replacement of the affected component or components of the transport vehicle; or
(b) destruction of the transport vehicle.
serious injury means an injury that requires, or would usually require, admission to hospital within 7 days after the day when the injury is suffered.
serious property damage incident (external): see section 6.
type 1 RPA: see section 6.
type 2 RPA: see section 6.
Part 2—Aircraft operations
6 Definitions for Part 2
In this instrument:
aircraft accident: an aircraft is involved in an aircraft accident if:
(a) a person suffers a fatal aircraft‑related injury in relation to the operation of the aircraft; or
(b) a person suffers a serious aircraft‑related injury in relation to the operation of the aircraft; or
(c) the aircraft sustains damage or structural failure, or there are reasonable grounds for believing that the aircraft has sustained damage or structural failure, which:
(i) adversely affects the structural strength, performance or flight characteristics of the aircraft; and
(ii) would normally require major repair or replacement of the affected component;
except for any of the following:
(iii) engine failure;
(iv) engine damage limited to a single engine (including damage to its cowlings or accessories);
(v) damage to propellers, wing tips, antennas, probes, vanes, tyres, brakes, wheels, fairings, panels, landing gear doors or windscreens;
(vi) damage such as small dents or puncture holes to the aircraft skin;
(vii) minor damage to main rotor blades, tail rotor blades or landing gear;
(viii) minor damage resulting from hail or bird strike (including holes in the radome); or
(d) the aircraft is missing; or
(e) the aircraft is completely inaccessible.
aircraft incident means any occurrence that:
(a) is associated with the operation of an aircraft; and
(b) affects or could affect the safety of the operation of the aircraft.
aircraft incident (external) means an aircraft incident that originates from any of the following outside the aircraft:
(a) infrastructure;
(b) flying and other objects;
(c) animals or birds.
aircraft system means a part of an aircraft that consists of an integral network of related and inter‑controlled devices designed to perform a specific function.
Examples: An aircraft’s flight management system, hydraulic system, electrical system, flight guidance system and navigation system.
Airservices Australia means Airservices Australia established by the Air Services Act 1995.
approved flight envelope, in relation to an aircraft, means the operating limitations and limiting atmospheric conditions applying to the aircraft, as shown in any of the following as approved, from time to time, by CASA or the appropriate authority of another country:
(a) the aircraft’s flight manual;
(b) the aircraft’s cockpit placards;
(c) other operating documents for the aircraft.
Example: Limitations on the aircraft’s centre of gravity, or its minimum or maximum speed.
Australian Flight Information Region means the Australian Flight Information Region specified in the Aeronautical Information Publication produced by Airservices Australia, as in force from time to time.
Note: The Aeronautical Information Publication could in 2021 be viewed on the Airservices Australia website (https://www.airservicesaustralia.com).
Australian territory means:
(a) the territory of Australia and of every external Territory; and
(b) the territorial sea of Australia and of every external Territory; and
(c) the air space over any such territory or sea.
CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.
Category A (passenger transport) aircraft operation: see section 8.
Category B (commercial non‑passenger) aircraft operation: see section 9.
Category C (non‑commercial) aircraft operation: see section 10.
Category D (type 2 RPA and certain uncrewed balloons) aircraft operation: see section 11.
declaration of an emergency, in relation to an aircraft, means:
(a) a declaration, by a flight crew member of the aircraft, of an alert phase (PAN PAN) or a distress phase (MAYDAY); or
(b) a declaration by an air traffic service provider of a distress phase (DETRESFA) in relation to the aircraft.
Department of Defence means the Department administered by the Minister administering the Defence Act 1903.
excluded aircraft: see subsection 7(3).
fatal aircraft‑related injury: a person suffers a fatal aircraft‑related injury in relation to the operation of an aircraft if:
(a) the person suffers an injury as a result of:
(i) being in the aircraft during the operation; or
(ii) direct contact during the operation with any part of the aircraft, including parts which have become detached from the aircraft; or
(iii) direct exposure to jet blast during the operation; and
(b) the person dies as a result of the injury within 30 days after the injury occurs; and
(c) none of the following applies:
(i) the injury results from natural causes;
(ii) the injury is intentionally self‑inflicted;
(iii) the injury is intentionally caused by another person;
(iv) the injury is to a person who is a stowaway in a part of the aircraft that is not usually accessible to crew members or passengers after take‑off.
flight crew member means a crew member who is a pilot or flight engineer assigned to carry out duties essential to the operation of an aircraft during flight time.
Note: This definition includes a remote pilot of an RPA (see the definitions of crew member and pilot in section 5).
flight engineer means the holder of a flight engineer licence.
fuel exhaustion, in relation to an aircraft, means that the aircraft has exhausted its useable fuel.
fuel starvation, in relation to an aircraft, means an interruption to the fuel supply to the aircraft’s engines, although there is useable fuel on board the aircraft.
ICAO means the International Civil Aviation Organization referred to in the Convention on International Civil Aviation, done at Chicago on 7 December 1944.
Note: The Convention on International Civil Aviation is in Australian Treaty Series 1957 No. 5 ([1957] ATS 5) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).
predicted performance, in relation to a take‑off or initial climb of an aircraft, means the performance that the aircraft, or an aircraft of the same type and model, would be expected to achieve in the conditions applying at the time of take‑off, based on information in the aircraft flight manual or information published by the aircraft manufacturer.
redundant system means one of 2 or more systems for performing a task if either of the systems alone would be sufficient, in the absence of system failure, to perform the task.
relevant air navigation: see subsection 7(2).
reportable serious aircraft incident means:
(a) a serious aircraft incident; or
(b) an incident that, under subsection 6A(2), is to be reported as if it were a serious aircraft incident.
RPA (short for remotely piloted aircraft) has the same meaning as in the Civil Aviation Safety Regulations 1998.
runway incursion, in relation to an aircraft, means any intrusion of an aircraft, vehicle, person, animal or object on the ground within a runway strip or helicopter landing site.
separation standard means the separation standard (vertical, lateral or longitudinal) specified in:
(a) for aircraft operating in the Australian Flight Information Region—the Manual of Air Traffic Services produced by Airservices Australia and the Department of Defence, as in force from time to time; or
(b) for aircraft operating outside the Australian Flight Information Region, and in a place where a local standard is in force—that standard, as in force from time to time; or
(c) for aircraft operating outside the areas mentioned in paragraphs (a) and (b)—ICAO document 4444, as in force from time to time.
Note: The Manual of Air Traffic Services could in 2021 be viewed on the Air Services Australia website (https://www.airservicesaustralia.com).
serious aircraft incident: see subsection 6A(1).
serious aircraft‑related injury: a person suffers a serious aircraft‑related injury in relation to the operation of an aircraft if:
(a) the person suffers an injury as a result of:
(i) being in the aircraft during the operation; or
(ii) direct contact during the operation with any part of the aircraft, including parts which have become detached from the aircraft; or
(iii) direct exposure to jet blast during the operation; and
(b) any of the following apply:
(i) the injury requires, or would usually require, admission to hospital, for more than 48 hours, within 7 days after the day when the injury is suffered;
(ii) the injury involves a fracture of any bone (other than a simple fracture of fingers, toes or nose);
(iii) the injury involves lacerations which cause severe haemorrhage or severe nerve, muscle or tendon damage;
(iv) the injury involves injury to any internal organ;
(v) the injury involves second or third degree burns, or any burns affecting more than 5% of the body surface;
(vi) the injury involves exposure to hazardous chemicals, infectious substances or injurious radiation; and
(c) none of the following applies:
(i) the injury results from natural causes;
(ii) the injury is intentionally self‑inflicted;
(iii) the injury is intentionally caused by another person;
(iv) the injury is to a person who is a stowaway in a part of the aircraft that is not usually accessible to crew members or passengers after take‑off.
serious property damage incident (external), in relation to the operation of an aircraft, means damage to property outside the aircraft that:
(a) is caused by:
(i) contact with any part of the aircraft, including anything that is attached to the aircraft or that has become detached from the aircraft; or
(ii) direct exposure to jet blast, propeller wash or rotor downwash from the aircraft; and
(b) that would cost at least $25,000 to repair or replace.
type 1 RPA (short for type 1 remotely piloted aircraft) means an RPA:
(a) that is:
(i) a large RPA (within the meaning of the Civil Aviation Safety Regulations 1998); or
(ii) a medium RPA (within the meaning of the Civil Aviation Safety Regulations 1998); or
(iii) an RPA for which a type certificate (within the meaning of the Civil Aviation Safety Regulations 1998) is in force; and
(b) that is not:
(i) an excluded RPA (within the meaning of the Civil Aviation Safety Regulations 1998); or
(ii) a micro RPA (within the meaning of the Civil Aviation Safety Regulations 1998).
type 2 RPA (short for type 2 remotely piloted aircraft) means an RPA that is not:
(a) a type 1 RPA; or
(b) an excluded RPA (within the meaning of the Civil Aviation Safety Regulations 1998); or
(c) a micro RPA (within the meaning of the Civil Aviation Safety Regulations 1998).
6A Serious aircraft incidents and reportable serious aircraft incidents
(1) For the purposes of this instrument, a serious aircraft incident is an incident involving circumstances indicating that there was a high probability of an aircraft accident.
(2) Without limiting subsection (1), each of the following incidents in relation to the operation of an aircraft is to be reported as if it were a serious aircraft incident:
(a) a near collision requiring an avoidance manoeuvre to avoid a collision or an unsafe situation, or when an avoidance action would have been appropriate;
(b) a collision with anything other than an animal or a bird;
(c) where controlled flight into terrain was only marginally avoided;
(d) an aborted take‑off on a closed, engaged or unassigned runway, or on a taxiway (other than an authorised operation by a helicopter);
(e) a take‑off from a closed, engaged or unassigned runway, or from a taxiway (other than an authorised operation by a helicopter);
(f) a landing or attempted landing on a closed, engaged or unassigned runway, on a taxiway (other than an authorised operation by a helicopter), or on an unintended landing location (such as a road);
(g) the retraction of a landing gear leg during landing, or a wheels‑up landing;
(h) the dragging, during landing, of a wing tip, engine pod or any other part of the aircraft;
(i) a significant failure to achieve predicted performance during take‑off or initial climb;
(j) fire or smoke in the cockpit, the passenger compartment or a cargo compartment, or engine fire, even if the fire was extinguished by the use of extinguishing agents;
(k) an event requiring the emergency use of oxygen by a flight crew member;
(l) aircraft structural failure, engine disintegration or uncontained turbine engine failure;
(m) multiple malfunctions of one or more aircraft systems seriously affecting the operation of the aircraft;
(n) incapacitation of a flight crew member:
(i) during a single pilot operation; or
(ii) during a multi‑pilot operation, if the safety of the operation is compromised because of a significant increase in workload for the remaining flight crew members;
(o) fuel quantity level or distribution situations (such as insufficient fuel, fuel exhaustion, fuel starvation, or inability to use all usable fuel on board) requiring the declaration of an emergency by the pilot;
(p) a runway incursion where a collision is narrowly avoided;
(q) a take‑off or landing incident such as under‑shooting, overrunning or running off the side of a runway;
(r) any of the following which caused, or could have caused, difficulties controlling the aircraft:
(i) system failures (including loss of power or thrust);
(ii) weather phenomena;
(iii) operations outside the approved flight envelope;
(iv) any other occurrence;
(s) failure of more than one redundant system mandatory for flight guidance and navigation;
(t) the unintentional or emergency release of a slung load or any other load carried external to the aircraft.
7 Application of Part 2
(1) Subject to subsection (3), this Part applies only in relation to matters involving the following:
(a) the operation of an Australian aircraft (within the meaning of the Civil Aviation Act 1988) in the course of relevant air navigation;
(b) the operation of a foreign registered aircraft (within the meaning of the Civil Aviation Act 1988) in the course of relevant air navigation, if the foreign registered aircraft is flying into or out of Australian territory or operating in Australian territory.
(2) For the purposes of this instrument, relevant air navigation means air navigation in relation to which, under subsection 11(1) of the Act, the ATSB’s powers may be exercised.
(3) This Part does not apply to the operation of the following aircraft (excluded aircraft):
(a) an Australian defence aircraft;
(b) an exempt foreign aircraft;
(c) an RPA that is not a type 1 RPA or a type 2 RPA;
(d) a model aircraft (within the meaning of the Civil Aviation Safety Regulations 1998);
(e) a small balloon (within the meaning of the Civil Aviation Safety Regulations 1998);
(f) a light balloon (within the meaning of the Civil Aviation Safety Regulations 1998);
(g) a tethered balloon (within the meaning of the Civil Aviation Safety Regulations 1998);
(h) a kite.
Note: A tethered balloon is an excluded aircraft under paragraph (g) so long as it remains tethered. If it ceases to be tethered, it may cease to be an excluded aircraft unless it is excluded under another paragraph of this subsection (for example, if it is a small balloon mentioned in paragraph (e)).
(4) To avoid doubt, if a matter involves the operation of:
(a) an excluded aircraft; and
(b) an aircraft (the second aircraft) that is not an excluded aircraft;
subsection (3) does not prevent the matter from being a reportable matter in relation to the second aircraft.
(5) Subject to subsection (7), in relation to a particular crewed aircraft, this Part applies only in relation to matters occurring during the period:
(a) beginning when the aircraft is being prepared for take‑off; and
(b) ending when all passengers and crew members have disembarked after the flight.
(6) Subject to subsection (7), in relation to a particular uncrewed aircraft, this Part applies only in relation to matters occurring during the period:
(a) beginning when the aircraft is ready to move with the purpose of flight; and
(b) ending when:
(i) if the aircraft has a primary propulsion system—the aircraft comes to rest at the end of the flight and the primary propulsion system is shut down; or
(ii) otherwise—the aircraft comes to rest at the end of the flight.
(7) This Part also applies in relation to:
(a) a fatal aircraft‑related injury if the death, or the injury that results in the death, occurs as a result of a matter occurring during the period mentioned in subsection (5) or (6); and
(b) a serious aircraft‑related injury if the injury occurs as a result of a matter occurring during the period mentioned in subsection (5) or (6).
8 Category A (passenger transport) aircraft operations
An operation of an aircraft is a Category A (passenger transport) aircraft operation if the operation is:
(a) a passenger transport operation (within the meaning of the Civil Aviation Safety Regulations 1998); or
(b) a medical transport operation (within the meaning of the Civil Aviation Safety Regulations 1998); or
(c) an operation for the purpose of repositioning the aircraft to a place where a Category A (passenger transport) aircraft operation (including an operation that is a Category A (passenger transport) aircraft operation because of this paragraph) is to commence.
9 Category B (commercial non‑passenger) aircraft operations
An operation of an aircraft is a Category B (commercial non‑passenger) aircraft operation if:
(a) any of the following applies:
(i) the operation is conducted for a commercial purpose;
(ii) the operation is a cargo transport operation (within the meaning of the Civil Aviation Safety Regulations 1998);
(iii) the aircraft is a type 1 RPA;
(iv) the operation is conducted for the purpose of repositioning the aircraft to a place where a Category B (commercial non‑passenger) aircraft operation (including an operation that is a Category B (commercial non‑passenger) aircraft operation because of this subparagraph) is to commence; and
(b) the operation is not:
(i) a Category A (passenger transport) aircraft operation; or
(ii) a Category D (type 2 RPA and certain uncrewed balloons) aircraft operation.
Note: For example, the following may be Category B (commercial non‑passenger) aircraft operations if they are conducted for a commercial purpose:
(a) aerial work operations such as surveying, spotting, surveillance, agricultural operations, photography, and advertising;
(b) search and rescue operations (other than medical transport operations that are Category A (passenger transport) aircraft operations);
(c) flying training activities.
10 Category C (non‑commercial) aircraft operations
An operation of an aircraft is a Category C (non‑commercial) aircraft operation if the operation is not:
(a) a Category A (passenger transport) aircraft operation; or
(b) a Category B (commercial non‑passenger) aircraft operation; or
(c) a Category D (type 2 RPA and certain uncrewed balloons) aircraft operation.
Note: Generally, an operation of an aircraft that is not conducted for a commercial purpose will be a Category C (non‑commercial) aircraft operation (unless the aircraft is an RPA).
11 Category D (type 2 RPA and certain uncrewed balloons) aircraft operations
An operation of an aircraft is a Category D (type 2 RPA and certain uncrewed balloons) aircraft operation if the aircraft is:
(a) a type 2 RPA; or
(b) a medium balloon (within the meaning of Part 101 of the Civil Aviation Safety Regulations 1998); or
(c) a heavy balloon (within the meaning of Part 101 of the Civil Aviation Safety Regulations 1998).
11A Reportable matters—Category A (passenger transport) aircraft operations
(1) For the purposes of the definition of immediately reportable matter in subsection 3(1) of the Act, the following investigable matters involving an aircraft engaged in a Category A (passenger transport) aircraft operation are prescribed:
(a) an aircraft accident;
(b) a reportable serious aircraft incident;
(c) a loss of a separation standard between aircraft;
(d) a declaration of an emergency in relation to the aircraft;
(e) a serious property damage incident (external).
(2) For the purposes of the definition of routine reportable matter in subsection 3(1) of the Act, the following investigable matters involving an aircraft engaged in a Category A (passenger transport) aircraft operation are prescribed:
(a) an aircraft incident;
(b) an aircraft incident (external).
11B Reportable matters—Category B (commercial non‑passenger) aircraft operations
(1) For the purposes of the definition of immediately reportable matter in subsection 3(1) of the Act, the following investigable matters involving an aircraft engaged in a Category B (commercial non‑passenger) aircraft operation are prescribed:
(a) an aircraft accident;
(b) a loss of a separation standard between aircraft;
(c) a serious property damage incident (external).
(2) For the purposes of the definition of routine reportable matter in subsection 3(1) of the Act, the following investigable matters involving an aircraft engaged in a Category B (commercial non‑passenger) aircraft operation are prescribed:
(a) a reportable serious aircraft incident;
(b) a declaration of an emergency in relation to the aircraft;
(c) an aircraft incident (external).
11C Reportable matters—Category C (non‑commercial) aircraft operations
(1) For the purposes of the definition of immediately reportable matter in subsection 3(1) of the Act, the following investigable matters involving an aircraft engaged in a Category C (non‑commercial) aircraft operation are prescribed:
(a) an aircraft accident mentioned in paragraph (a) (fatal aircraft‑related injuries), (b) (serious aircraft‑related injuries) or (d) (missing aircraft) of the definition of aircraft accident in section 6 of this instrument;
(b) a loss of a separation standard between aircraft;
(c) a serious property damage incident (external).
(2) For the purposes of the definition of routine reportable matter in subsection 3(1) of the Act, the following investigable matters involving an aircraft engaged in a Category C (non‑commercial) aircraft operation are prescribed:
(a) an aircraft accident, other than an aircraft accident of a kind mentioned in paragraph (1)(a) of this section;
(b) a reportable serious aircraft incident;
(c) a declaration of an emergency in relation to the aircraft;
(d) an aircraft incident (external).
11D Reportable matters—Category D (type 2 RPA and certain uncrewed balloons) aircraft operations
(1) For the purposes of the definition of immediately reportable matter in subsection 3(1) of the Act, the following investigable matters involving an aircraft engaged in a Category D (type 2 RPA and certain uncrewed balloons) aircraft operation are prescribed:
(a) an aircraft accident mentioned in paragraph (a) (fatal aircraft‑related injuries) or (b) (serious aircraft‑related injuries) of the definition of aircraft accident in section 6 of this instrument;
(b) a serious property damage incident (external).
(2) For the purposes of the definition of routine reportable matter in subsection 3(1) of the Act, the following investigable matters involving an aircraft engaged in a Category D (type 2 RPA and certain uncrewed balloons) aircraft operation are prescribed:
(a) an aircraft accident, other than an aircraft accident of a kind mentioned in paragraph (1)(a) of this section;
(b) a loss of a separation standard between aircraft.
12 Occurrences that are prescribed as both immediately reportable matters and routine reportable matters
To avoid doubt:
(a) none of the descriptions of, or references to, kinds of investigable matters in this Part limit each other; and
(b) if a particular occurrence that is an investigable matter involving an aircraft is prescribed, by a provision of this Part, for the purposes of both:
(i) the definition of immediately reportable matter in subsection 3(1) of the Act; and
(ii) the definition of routine reportable matter in subsection 3(1) of the Act;
the occurrence is to be treated as an immediately reportable matter in relation to the aircraft.
Note: For example, if a collision involving an aircraft engaged in a Category B (commercial non‑passenger) aircraft operation is covered by each of the definitions of aircraft accident, reportable serious aircraft incident and aircraft incident in section 6, the collision is to be treated as an immediately reportable matter under paragraph 11B(1)(a) (aircraft accidents) in relation to the aircraft.
13 Aircraft operations—responsible persons
For the purposes of the definition of responsible person in subsection 3(1) of the Act, the following persons are responsible persons in relation to reportable matters to which this Part applies:
(a) a crew member of the aircraft concerned;
(b) the owner or operator of the aircraft;
(c) a person performing an air traffic control service in relation to the aircraft;
(d) a person performing a dedicated aerodrome rescue or firefighting service in relation to the aircraft;
(e) a person who:
(i) is licensed as an aircraft maintenance engineer under the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998; and
(ii) does any work in relation to the aircraft;
(f) a member of the ground handling crew in relation to the aircraft;
(g) a member of the staff of the Civil Aviation Safety Authority;
(h) the operator of an aerodrome;
(i) a sport aviation body (within the meaning of the Civil Aviation Safety Regulations 1998) that administers aviation activities in relation to the aircraft.
14 Aircraft operations—particulars for immediate reports
(1) For the purposes of subsections 18(1) and (2) of the Act, the particulars in the following table are prescribed in relation to an immediately reportable matter of a kind referred to in subsection 11A(1), 11B(1), 11C(1) or 11D(1) of this instrument.
Aircraft operations—particulars for immediate reports |
Item | Particular |
1 | The type, model, nationality, registration marks and flight number (if any) of the aircraft the subject of the immediately reportable matter |
2 | The kind of aircraft operation that the aircraft was engaged in at the time of the immediately reportable matter |
3 | The name and contact details of the operator of the aircraft |
4 | The nature of the immediately reportable matter |
5 | A description of any damage to the aircraft or any other property |
6 | A description of any dangerous goods on board the aircraft |
7 | Whether a person died, or was seriously injured, as a result of the immediately reportable matter |
8 | Where the immediately reportable matter occurred (including a description of the location, or the geographical coordinates) |
9 | The aircraft’s place of departure and destination |
10 | The day and local time when the immediately reportable matter occurred |
11 | A description of the following in relation to the immediately reportable matter: (a) what happened; (b) how and why it happened |
(2) When making the report, the responsible person must give the nominated official:
(a) the responsible person’s name; and
(b) a method of contacting the person that will enable the person to be promptly contacted for an inquiry into the matter.
Example: A telephone number or other form of electronic communication.
15 Aircraft operations—particulars for written reports
(1) For the purposes of subsections 19(1) and (4) of the Act and subject to subsection (2) of this section, the particulars in the following table are prescribed in relation to an immediately reportable matter or a routine reportable matter of a kind referred to in section 11A, 11B, 11C or 11D of this instrument.
Aircraft operations—particulars for written reports |
Item | Particular |
1 | The name and contact details of the person making the report |
2 | The person’s role in relation to the aircraft concerned |
3 | The type, model, nationality, registration marks and flight number (if any) of the aircraft |
4 | The name of the owner of the aircraft |
5 | The name and contact details of the operator of the aircraft |
6 | If the aircraft was under hire when the reportable matter occurred, the name of the hirer |
7 | The name and nationality of the pilot, and the type and licence number of the licence held by the pilot |
8 | The name and nationality of each other flight crew member (if any), and the type and licence number of the licence held by each of them |
8A | The Aviation Reference Number (within the meaning of the Civil Aviation Safety Regulations 1998) of each person mentioned in item 7 or 8 of this table (if the person has an Aviation Reference Number) |
9 | The day and local time when the reportable matter occurred |
10 | If, when the reportable matter occurred, the aircraft was in flight: (a) the place where the flight started; and (b) the place where the flight ended, or was intended to end; and (c) the purpose of the flight |
11 | Unless the reportable matter occurred at an airport, the location of the aircraft immediately after the occurrence of the reportable matter, including the geographical coordinates of that location |
12 | The number of persons on board the aircraft when the reportable matter occurred |
13 | The nature of the reportable matter, including: (a) its outcome or effect on the flight of the aircraft; and (b) the phase of the aircraft’s flight when the matter occurred; and (c) the weather conditions; and (d) the airspace designation; and (e) the altitude at which the matter occurred; and (f) if the matter occurred at, or in relation to, an airport—the name of the airport; and (g) if the matter occurred on, or in relation to, a runway—the runway number; and (h) if the matter involved a collision with an animal or a bird—the nature of the collision; and (i) the causes of the occurrence (if known), including any human performance issues; and (j) any safety action carried out to prevent a recurrence of the matter; and (k) the nature and extent of any damage to the aircraft |
14 | The physical characteristics of the area where the reportable matter occurred (e.g. the terrain, vegetation cover, and existence and location of any buildings, runways or aerodromes) |
15 | The flight rules under which the aircraft was operating at the time of the reportable matter |
16 | The kind of aircraft operation the aircraft was engaged in at the time of the reportable matter |
17 | If the matter resulted in a death or serious injury, and the aircraft carried an emergency locator transmitter—whether the emergency locator transmitter was fixed or portable and whether it was activated at the time the immediately reportable matter occurred |
18 | If the aircraft’s pilot has died: (a) the pilot’s date of birth; and (b) the pilot’s total flying hours on all aircraft and flying hours on the same type of aircraft |
19 | If any crew members have died or been seriously injured as a result of the reportable matter: (a) how many; and (b) their names and nationalities; and (c) descriptions of their injuries |
20 | If any passengers have died or been seriously injured as a result of the reportable matter: (a) how many; and (b) their names and nationalities; and (c) descriptions of their injuries |
21 | If any other persons have died or been seriously injured as a result of the reportable matter: (a) how many; and (b) their names and nationalities; and (c) descriptions of their injuries |
(2) For the purposes of subsections 19(1) and (4) of the Act, a report that is only for an aircraft incident (external) involving a collision with an animal or a bird must contain as many of the following particulars as are within the knowledge of the person making the report:
(a) the name and contact details of the person making the report;
(b) the day and local time when the reportable matter occurred;
(c) the nature of the reportable matter, including:
(i) if the matter occurred at, or in relation to, an airport, the name of the airport, and if it occurred on, or in relation to, a runway, the runway number; and
(ii) the nature and extent of any damage to the aircraft;
(d) any other information that the person making the report considers appropriate.
16 Aircraft operations—nominated officials
For the purposes of section 20 of the Act, the following persons are nominated officials in relation to reportable matters to which this Part applies:
(a) a staff member;
(b) a member of the staff of the Australian Maritime Safety Authority.
Note: For the meaning of staff member in paragraph (a), see subsection 3(1) of the Act.
17 Aircraft operations—reports to be given to staff member
(1) Subject to subsection (2), if a report under section 18 or 19 of the Act is given to a nominated official mentioned in paragraph 16(b) of this instrument, the nominated official must, as soon as is practicable, pass on the report to a nominated official mentioned in paragraph 16(a) of this instrument.
(2) Subsection (1) does not apply if the nominated official who receives the report under section 18 or 19 of the Act believes, on reasonable grounds, that a responsible person has already given, or will give, a report under that section to a nominated official mentioned in paragraph 16(a) of this instrument.
Part 3—Marine operations
18 Definitions for Part 3
In this instrument:
aid to navigation has the same meaning as in the Navigation Act 2012.
Australian port has the same meaning as in the Navigation Act 2012.
close quarters situation has the same meaning as in the Navigation Act 2012.
internal waters of Australia has the same meaning as in the Seas and Submerged Lands Act 1973.
interstate voyage, in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:
(a) at least 1 port in a State and at least 1 port in another State; or
(b) at least 1 port in a State and at least 1 port in a Territory; or
(c) at least 1 port in a Territory and at least 1 port in another Territory.
Marine Safety (Domestic Commercial Vessel) National Law has the meaning given by section 17 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
overseas voyage has the same meaning as in the Navigation Act 2012.
relevant marine navigation: see subsection 19(2).
19 Application of Part 3
(1) This Part applies only in relation to matters involving the following:
(a) the operation of a regulated Australian vessel (within the meaning of the Navigation Act 2012) in the course of relevant marine navigation;
(b) the operation of a foreign vessel (within the meaning of that Act) in the course of relevant marine navigation, if the foreign vessel is:
(i) in an Australian port; or
(ii) entering or leaving an Australian port; or
(iii) in the internal waters of Australia; or
(iv) in the territorial sea of Australia;
(c) the operation of a domestic commercial vessel (within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law) on an interstate voyage.
Note: Subject to subsection (3), this Part does not apply to matters involving the operation of an Australian defence ship or an exempt foreign ship (see subsection 22(2) of the Act, and the definition of exempt transport vehicle in subsection 3(1) of the Act).
(2) For the purposes of this instrument, relevant marine navigation is:
(a) marine navigation conducted in the course of trade or commerce with other countries or among the States; or
(b) marine navigation:
(i) outside Australia; or
(ii) within a Territory, or to or from a Territory; or
(iii) within a Commonwealth place, or to or from a Commonwealth place; or
(iv) on a ship owned or operated by a constitutional corporation or Commonwealth entity.
Note: For outside Australia, see subsection 11(5) of the Act.
(3) To avoid doubt, if a matter involves the operation of:
(a) a ship (the first ship) mentioned in subsection (1); and
(b) a ship not mentioned in subsection (1);
subsection (1) does not prevent the matter from being a reportable matter in relation to the first ship.
(4) Subject to subsection (6), in relation to a particular ship that has a crew, this Part applies only in relation to matters occurring during the period:
(a) beginning when the first person to board the ship for the purpose of performing duties as a crew member does so; and
(b) ending when the last crew member to disembark from the ship does so.
(5) Subject to subsection (6), in relation to a particular ship that does not have a crew, this Part applies only in relation to matters occurring during the period:
(a) beginning when the ship is ready to move with the purpose of conducting a voyage; and
(b) ending when the ship comes to rest at the end of the voyage and the primary propulsion system is shut down.
(6) This Part also applies in relation to a death or injury mentioned in item 1 or 10 of the table in section 20 if the death or injury occurs as a result of a matter occurring during the period mentioned in subsection (4) or (5) of this section.
20 Marine operations—immediately reportable matters
Immediately reportable matters—general
(1) For the purposes of the definition of immediately reportable matters in subsection 3(1) of the Act, an investigable matter in the table in subsection (2) of this section is prescribed in relation to an operation to which this Part applies if:
(a) the matter has affected, or is likely to affect, the safety, operation or seaworthiness of a ship; or
(b) the matter involves:
(i) the death of a person; or
(ii) serious injury to a person; or
(iii) the loss of a ship; or
(iv) the loss of a person from a ship; or
(v) significant damage to a ship; or
(vi) loss of cargo of a ship.
(2) For the purposes of subsection (1), the table is as follows.
Immediately reportable matters—marine operations |
Item | Immediately reportable matter |
1 | A death of, or injury to, a person associated with the operation or navigation of a ship |
2 | The loss or presumed loss of a ship |
3 | A collision of a ship with another ship |
4 | A collision of a ship with an object |
5 | The grounding, sinking, flooding or capsizing of a ship |
6 | A fire on board a ship |
7 | A loss of stability of a ship that affects the safety of the ship |
8 | The structural failure of a ship |
9 | A close quarters situation |
10 | An event that results in, or could have resulted in: (a) the death of, or injury to, a person on board a ship; or (b) the loss of a person from a ship; or (c) a ship becoming disabled and requiring assistance |
11 | The fouling or damaging by a ship of: (a) any pipeline or submarine cable; or (b) any aid to navigation |
Immediately reportable matters—damage to aid to navigation
(3) For the purposes of the definition of immediately reportable matters in subsection 3(1) of the Act, the damaging of an AMSA aid to navigation (within the meaning of the Navigation Act 2012) is prescribed in relation to an operation to which this Part applies.
Foreign vessels
(4) However, in relation to a ship that is a foreign vessel (within the meaning of the Navigation Act 2012) and that is in the territorial sea of Australia in the course of innocent passage, an investigable matter to which subsection (1) or (3) applies is prescribed only if the matter:
(a) has affected, or is likely to affect, the safety of navigation; or
(b) involves a collision with, or the fouling or damaging of, any facility, installation, navigational aid, pipeline or submarine cable.
21 Marine operations—responsible persons
For the purposes of the definition of responsible person in subsection 3(1) of the Act, the following persons are responsible persons in relation to reportable matters involving a ship:
(a) the master of the ship, or the person in charge of the ship;
(b) the owner or operator of the ship;
(c) an agent of the owner or operator of the ship;
(d) a pilot who has duties on board the ship;
(e) a pilotage provider (within the meaning of the Navigation Act 2012) responsible for assigning or allocating a pilot to the ship;
(f) a vessel traffic service authority (within the meaning of the Navigation Act 2012) that provides a vessel traffic service to the ship.
22 Marine operations—particulars for immediate reports
For the purposes of subsections 18(1) and (2) of the Act, the particulars in the following table are prescribed in relation to an immediately reportable matter of a kind referred to in section 20 of this instrument.
Marine operations—particulars for immediate reports |
Item | Particular |
1 | Vessel name |
2 | Flag (if applicable) |
3 | IMO Number (if applicable) |
4 | Unique identifier (if applicable) |
5 | Master |
6 | Operator or company name |
7 | Responsible person |
8 | Contact details |
9 | If the vessel is a Domestic Commercial Vessel: (a) class; and (b) operational area |
10 | The following details of the incident: (a) the date; (b) the time (local and UTC); (c) the voyage start and finish point; (d) a description of the location of the incident; (e) the latitude and longitude of the incident |
11 | Which of the following vessel activities were being undertaken at the time of the incident: (a) underway; (b) berthing/unberthing; (c) berthed; (d) towing; (e) anchored; (f) fishing/unloading; (g) loading/unloading; (h) being towed; (i) other (specify) |
12 | Whether a pilot was on board |
13 | Whether cargo was on board |
14 | Any of the following consequences: (a) injury; (b) illness; (c) death; (d) medical evacuation; (e) man overboard without a lifejacket; (f) man overboard wearing a lifejacket; (g) presumed loss of a person; (h) equipment/machinery failure; (i) damage; (j) loss of cargo/dangerous goods; (k) leakage/spillage of dangerous goods; (l) contact with something other than a vessel; (m) collision with another vessel; (n) MARPOL issues; (o) fire/smoke; (p) grounding; (q) disabled; (r) foundering/sinking; (s) flooding; (t) near miss/dangerous occurrence; (u) other (specify) |
15 | A description of the incident |
23 Marine operations—particulars for written reports
For the purposes of subsections 19(1) and (4) of the Act, the particulars in the following table are prescribed in relation to an immediately reportable matter of a kind referred to in section 20 of this instrument.
Marine operations—particulars for written reports |
Item | Particular |
1 | The particulars set out in the table in section 22 of this instrument |
2 | Weather at the time of the incident |
3 | Visibility at the time of the incident |
4 | The numbers of each of the following on board: (a) crew; (b) passengers; (c) other people |
5 | Details of any of the following consequences of the incident (including details of the person affected): (a) injury; (b) illness; (c) death; (d) medical evacuation; (e) man overboard without a lifejacket; (f) man overboard wearing a lifejacket; (g) presumed loss of a person |
6 | Details as to why the person reporting the incident thinks that the incident occurred |
7 | Details of what has been done to prevent the incident from reoccurring |
8 | Details of the person completing the report, including contact details |
24 Marine operations—nominated officials
For the purposes of section 20 of the Act, the following persons are nominated officials in relation to reportable matters to which this Part applies:
(a) a staff member;
(b) a member of the staff of the Australian Maritime Safety Authority.
Note: For the meaning of staff member in paragraph (a), see subsection 3(1) of the Act.
25 Marine operations—reports to be given to staff member
Reports under the Act
(1) Subject to subsection (2), if a report under section 18 or 19 of the Act is given to a nominated official mentioned in paragraph 24(b) of this instrument, the nominated official must, as soon as is practicable, pass on the report to a nominated official mentioned in paragraph 24(a) of this instrument.
(2) Subsection (1) does not apply if the nominated official who receives the report under section 18 or 19 of the Act believes, on reasonable grounds, that a responsible person has already given, or will give, a report under that section that relates to the same incident to a nominated official mentioned in paragraph 24(a) of this instrument.
Reports under the Navigation Act 2012
(3) Subject to subsection (4), if a report under section 185 or 186 of the Navigation Act 2012 is given to a nominated official mentioned in paragraph 24(b) of this instrument, the nominated official may pass on the report to a nominated official mentioned in paragraph 24(a) of this instrument.
(4) Subsection (3) does not apply if the nominated official who receives the report under section 185 or 186 of the Navigation Act 2012 believes, on reasonable grounds, that a responsible person has already given, or will give, a report under section 18 or 19 of the Act that relates to the same incident to a nominated official mentioned in paragraph 24(a) of this instrument.
Part 4—Rail transport
26 Definitions for Part 4
In this instrument:
National Rail Safety Regulator means the National Rail Safety Regulator, or an Acting National Rail Safety Regulator, appointed under the Rail Safety National Law.
Rail Safety National Law means:
(a) the Rail Safety National Law set out in Schedule 1 to the Rail Safety National Law (South Australia) Act 2012 (SA); or
(b) a law of a State or Territory that corresponds to that law; or
(c) a regulation made under a law mentioned in paragraph (a) or (b).
Note: For paragraph (c), in 2021, these regulations were known as the Rail Safety National Law National Regulations.
rail transport operator has the meaning given by subsection 4(1) of the Rail Safety National Law.
27 Application of Part 4
This Part applies to an investigable matter if:
(a) it is a matter over which the ATSB has jurisdiction; and
(b) the Rail Safety National Law applies to the railway where the matter happened.
Note: See subsection 11(3) of the Act for the ATSB’s jurisdiction in relation to rail transport.
28 Rail transport—immediately reportable matters
For the purposes of the definition of immediately reportable matter in subsection 3(1) of the Act, investigable matters that are Category A notifiable occurrences, within the meaning of the Rail Safety National Law, as in force from time to time, are prescribed.
Note: For what is a Category A notifiable occurrence, see paragraph 57(1)(a) of the Rail Safety National Law National Regulations.
29 Rail transport—routine reportable matters
For the purposes of the definition of routine reportable matter in subsection 3(1) of the Act, investigable matters that are Category B notifiable occurrences, within the meaning of the Rail Safety National Law, as in force from time to time, are prescribed.
Note: For what is a Category B notifiable occurrence, see paragraph 57(1)(b) of the Rail Safety National Law National Regulations.
30 Rail transport—responsible person
(1) This section is made for the purposes of the definition of responsible person in subsection 3(1) of the Act.
(2) The following persons are responsible persons in relation to reportable matters to which this Part applies:
(a) the rail transport operator, or an employee of the operator, of the rail infrastructure or rolling stock that is involved in the reportable matter;
(b) the crew member who is in control of the rail vehicle when the rail vehicle is involved in the reportable matter.
31 Rail transport—particulars for reports of reportable matters
(1) For the purposes of sections 18 and 19 of the Act, the following particulars are prescribed in relation to a report:
(a) if information is required to be provided under the Rail Safety National Law, as in force on 30 September 2021, for the purpose of providing the report to the National Rail Safety Regulator about a notifiable occurrence—the information so required;
(b) if information is not so required—the particulars set out in subsection (2) of this section.
(2) For the purposes of paragraph (1)(b), the particulars are set out in the following table.
Rail transport—particulars for reports |
Item | Particular |
1 | The name, contact details and role of the responsible person making the report |
2 | Identifying details of the rail vehicle |
3 | The name and contact details of the owner of the rail vehicle |
4 | The name and contact details of the rail transport operator of the rail vehicle |
5 | If the rail vehicle was under hire when the reportable matter occurred—the name and contact details of the hirer |
6 | The name and contact details of the driver of the rail vehicle |
7 | The place where the reportable matter occurred |
8 | The day and local time when the reportable matter occurred |
9 | If anyone died or was seriously injured as a result of the reportable matter: (a) for a written report—the names of those persons; and (b) the number of those persons who were crew members; and (c) the number of those persons who were passengers; and (d) the number of other persons |
10 | The nature of the reportable matter, including a brief description of what happened |
11 | A general statement of the probable cause of the reportable matter (for example, operational or technical problems, or rail vehicle, track or other infrastructure defects) |
32 Rail transport—nominated officials for reportable matters
For the purposes of subsection 20(1) of the Act:
(a) the following are the nominated officials in relation to immediately reportable matters, to which this Part applies, that are reported under section 18 of the Act:
(i) the National Rail Safety Regulator;
(ii) a staff member; and
(b) the National Rail Safety Regulator is the nominated official in relation to routine reportable matters and immediately reportable matters, to which this Part applies, that are reported under section 19 of the Act.
33 Rail transport—certain reports to be given to National Rail Safety Regulator
If a responsible person gives a report to a staff member under section 18 of the Act, the staff member may, as soon as practicable after receiving the report, give the report to the National Rail Safety Regulator.
34 Rail transport—certain reports to be given to staff member
If a responsible person gives a report to the National Rail Safety Regulator under section 18 or 19 of the Act, the Regulator may, as soon as practicable after receiving the report, give the report to a staff member.
Part 5—General
35 Delegation by the ATSB or the Chief Commissioner
For the purposes of subsections 63B(2) and 63C(5) of the Act:
(a) to be delegated powers under the Act, a person must satisfy at least one of the following criteria:
(i) the person must have experience or technical expertise in relation to the relevant mode of transport and, in particular, the transport vehicle or infrastructure involved in, or associated with, matters being investigated;
(ii) the person must have safety investigation experience or safety investigation qualifications;
(iii) the person’s occupation must be in the relevant transport industry;
(iv) the person must have experience or technical expertise relevant to the matter being investigated; and
(b) if the power to be delegated is a power under Division 2 or 3 of Part 5 of the Act—the person must also have received appropriate training and briefing.
36 Delegation by the Chief Executive Officer
For the purposes of subsection 63D(3) of the Act, knowledge of, and experience in implementing, the requirements of the Public Governance, Performance and Accountability Act 2013 and the Public Service Act 1999 are prescribed as criteria.
37 Special investigators
For the purposes of section 63E of the Act, a person must satisfy at least one of the criteria mentioned in paragraph 35(a) of this instrument.
38 Functions of ATSB
For the purposes of paragraph 12AA(1)(a) of the Act, the following safety information is prescribed:
(a) information obtained or generated under the REPCON scheme established under section 7 of the Transport Safety Investigation (Voluntary and Confidential Reporting Scheme) Regulation 2012;
(b) information obtained or generated under Subpart 13.K of Part 13 of the Civil Aviation Safety Regulations 1998.
39 International obligations
(1) For the purposes of subsections 12AD(1) and (2) of the Act, the following international agreements are identified:
(a) Articles 26, 37 and 38 of the Convention on International Civil Aviation, done at Chicago on 7 December 1944, in so far as those Articles relate to aviation safety investigation, and Annex 13 to that Convention;
(b) the following provisions of the International Convention for the Safety of Life at Sea, done at London on 1 November 1974:
(i) Regulation 21 of Chapter I of the Annex to the Convention;
(ii) Regulation 6 of Chapter XI‑1 of the Annex to the Convention;
(c) Article 23 of the International Convention on Load Lines, done at London on 5 April 1966;
(d) the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea, done at New York on 6 March 2018;
(e) Article 94(7) of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982.
Note 1: The Convention on International Civil Aviation is in Australian Treaty Series 1957 No. 5 ([1957] ATS 5) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).
Note 2: The International Convention for the Safety of Life at Sea is in Australian Treaty Series 1983 No. 22 ([1983] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).
Note 3: The International Convention on Load Lines is in Australian Treaty Series 1968 No. 23 ([1968] ATS 23) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).
Note 4: The Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea is in Australian Treaty Series 2019 No. 16 ([2019] ATS 16) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).
Note 5: The United Nations Convention on the Law of the Sea is in Australian Treaty Series 1994 No. 31 ([1994] ATS 31) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).
(2) For the purposes of subsection 12AD(3) of the Act, Part III of the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident, adopted by resolution MSC.255(84) of the Maritime Safety Committee of the Assembly of the International Maritime Organization, is identified.
Note: The Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident could in 2021 be viewed on the International Maritime Organization’s website (https://www.imo.org).
40 Immediate reports
For the purposes of subsection 18(1) of the Act, if a responsible person has knowledge of an immediately reportable matter, the person must report it to a nominated official as soon as is reasonably practicable by telephone or, if telephone communication is not reasonably available, by another form of telecommunication or radio communication.
41 Written reports required by Chief Commissioner
For the purposes of subsection 19(4) of the Act, the following means are prescribed:
(a) email in plain, computer‑readable text;
(b) electronic lodgement using the internet;
(c) data transfer in a format approved by the ATSB.
42 Identity cards
For the purposes of paragraph 29(2)(a) of the Act, an identity card issued to a person must contain the following information:
(a) the person’s name;
(b) if the person is an employee of a Department or Agency—the name of the Department or Agency;
(c) if the person is a special investigator—that fact;
(d) the powers that have been delegated to the person under section 63B, 63C or 63D of the Act;
(e) the identity card number;
(f) the expiry date of the identity card;
(g) instructions for the return of the identity card if found.
43 Fees for attending before ATSB
(1) For the purposes of subsection 32(7) of the Act, a person who attends before the ATSB in accordance with a requirement under subsection 32(1) of the Act is entitled to be paid fees and allowances in accordance with this section.
(2) If the person is required to attend because of the person’s professional, scientific or other special skill or knowledge, the person is entitled to be paid the following amount of fees:
(a) if the person is remunerated in the person’s occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees lost because of the person’s attendance, up to a maximum amount of $1,000 for each day on which wages, salary or fees are lost because of the attendance;
(b) in any other case:
(i) $500 for each full day of attendance; and
(ii) $66.67 for each hour, or part of an hour, of attendance on each day on which the person is not required to attend for the full day, up to a maximum of $500.
(3) If the person is required to attend for a reason other than because of the person’s professional, scientific or other special skill or knowledge, the person is entitled to be paid the following amount of fees:
(a) if the person is remunerated in the person’s occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees lost because of the person’s attendance, up to a maximum amount of $1,000 for each day on which wages, salary or fees are lost because of the attendance;
(b) in any other case:
(i) $100 for each full day of attendance; and
(ii) $13.33 for each hour, or part of an hour, of attendance on each day on which the person is not required to attend for the full day, up to a maximum of $100.
(4) Subject to subsections (5) and (6), the person is also entitled to be paid reasonable allowances for:
(a) transport between the person’s usual place of residence and the place where the person attends before the ATSB; and
(b) if the person is required to be absent overnight from the person’s usual place of residence—meals and accommodation.
(5) For the purposes of paragraph (4)(b), in determining a reasonable allowance for meals and accommodation, the Chief Commissioner must have regard to the rates (if any) determined from time to time for public service employees by the Australian Public Service Commission.
(6) A person is entitled to be paid an allowance under subsection (4) only if, before booking the person’s transport and accommodation, the person seeks approval from the Chief Commissioner for the travel to attend before the ATSB.
44 Recordings that are not on‑board recordings (OBRs)
Aircraft
(1) For the purposes of subsection 48(3) of the Act, a recording is not an OBR for the purposes of the Act if the recording is:
(a) an oral communication recorded by an air traffic service or a certified air/ground radio service (within the meaning of the Civil Aviation Safety Regulations 1998) for the purpose of directing or monitoring the progress of an aircraft; or
(b) an oral communication recorded by the Australian Maritime Safety Authority.
Ships
(2) For the purposes of subsection 48(3) of the Act, a recording is not an OBR for the purposes of the Act if the recording is:
(a) an oral communication recorded by a ship reporting system or a marine vessel traffic control system for the purpose of directing or monitoring the progress of a ship; or
(b) an oral communication recorded by the Australian Maritime Safety Authority.
Rail transport
(3) For the purposes of subsection 48(3) of the Act, a recording is not an OBR for the purposes of the Act if the recording is a recording of oral communications made by a rail traffic control service provider for the purpose of directing or monitoring the progress of a rail vehicle.
45 Release of OBR information
For the purposes of subsection 51(2) of the Act, the ATSB may disclose to any person OBR information that is, or contains, personal information only if the ATSB is required to do so by an international agreement or code mentioned in section 39 of this instrument.
46 Release of restricted information
(1) For the purposes of subsection 61(2) of the Act and subject to subsection (2) of this section, the ATSB may disclose to any person restricted information that is, or contains, personal information only if the ATSB is required to do so by an international agreement mentioned in section 39 of this instrument.
(2) For the purposes of subsection 61(2) of the Act, the ATSB may disclose to a relevant body restricted information that is, or contains, personal information if:
(a) the restricted information does not include:
(i) a copy or record of a statement (oral or written) obtained from any person by a staff member in the course of an investigation; or
(ii) information contained in a document that is produced under paragraph 32(1)(b), 36(3)(a) or 36(4)(a) of the Act; or
(iii) information or records mentioned in paragraph (i), (j) or (k) of the definition of restricted information in subsection 3(1) of the Act; and
(b) the restricted information is provided solely for the purpose of:
(i) transport safety data sharing; or
(ii) reporting or investigation of a transport safety matter; or
(iii) conducting a coronial inquiry; and
(c) the restricted information will help the relevant body to carry out a statutory obligation.
Note: See the Transport Safety Investigation (Voluntary and Confidential Reporting Scheme) Regulation 2012 for disclosure of information mentioned in subparagraph (a)(iii).
(3) In this section:
relevant body has the meaning given by section 45 of the Act.
47 Fees for attending coronial inquiry
(1) For the purposes of subsection 67(2) of the Act and subject to subsection (2) of this section, if a staff member attends a coronial inquiry, the State or Territory concerned is liable to pay to the Commonwealth a fee equal to the sum of:
(a) the staff member’s salary for the period of the staff member’s attendance at, and any necessary travel to and from, the inquiry; and
(b) any reasonable costs incurred by the staff member and payable by the Commonwealth for transport between the staff member’s usual place of residence and the place where the staff member attends the inquiry; and
(c) if the staff member is required to be absent overnight from staff member’s usual place of residence—any reasonable costs incurred by the staff member and payable by the Commonwealth for meals and accommodation; and
(d) if:
(i) the Commonwealth incurs any legal expenses in relation to the attendance, including for the provision of legal representation at the inquiry; and
(ii) the Chief Commissioner is satisfied that it is appropriate to seek reimbursement for those expenses from the State or Territory concerned;
the amount of those expenses.
(2) The maximum fee payable to the Commonwealth under paragraph (1)(a) in respect of a staff member’s salary is:
(a) $1,000 for each full day of attendance; or
(b) $133.33 for each hour, or part of an hour, of attendance on each day on which the person is not required to attend for the full day, up to a maximum of $1,000.
(3) A fee under subsection (1) must be paid within 30 days after the day of the inquiry.
Part 6—Application, transitional and saving provisions
48 Amendments made by the Transport Safety Investigation Amendment (2022 Measures No. 1) Regulations 2022
The amendments of this instrument made by the Transport Safety Investigation Amendment (2022 Measures No. 1) Regulations 2022 apply in relation to investigable matters that occur on and after 1 January 2023.
