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Transport Safety Investigation Act 2003 - Reports

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.

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