Media Release
2007/18
ATSB action against Transair for failing to report safety incidents
20 April 2007
The ATSB is reviewing scope for possible action against Transair
but re-emphasises that this is unrelated to the Transair accident
on 7 May 2005 when all 15 on board lost their lives.
The Deputy Prime Minister as Minister for Transport and Regional
Services has today been informed that earlier advice from the ATSB
suggesting that it was unable to pursue any prosecution with
respect to some more serious incidents that Transair failed to
report before the accident was incorrect. The ATSB has apologised
to the Minister.
The ATSB wishes to highlight that it is an independent safety
investigator and not a body that prepares charges after an
accident. Its only charge-related role is in relation to breaches
of the Transport Safety Investigation Act 2003 (TSI Act),
such as through the non-reporting of incidents, and not any charges
in relation to the accident itself.
Any prosecution action against Transair and its officers in
relation to the fatal accident itself is a separate matter.
As stated in the ATSB's media release of 1 December 2006 and in
evidence to the Senate on 15 February 2007 the ATSB uncovered that
Transair failed to report 7 immediately reportable matters (IRMs)
that occurred between 1 July 2003 and the accident, as well as more
routine matters. They include a gear failure on departure from
Bamaga, a burning smell near Inverell, and a problem with flaps
leading to a flapless takeoff and flight issues from Gunnedah to
Sydney. But none of these incidents was linked to the 7 May 2005
fatal accident.
Under the TSI Act such IRMs must be reported immediately by
responsible persons (eg Transair) in accordance with the
regulations and failure to do so has a maximum penalty of
imprisonment for six months (TSI Act Section 18). The Director of
Public Prosecutions (DPP) advised the ATSB that under the
Crimes Act 1914 a 12-month statute of limitation applied
to Section 18 and also with respect to individuals' written reports
under Section 19.
However, the DPP also advised that under Section 19 of the TSI
Act failure to make a written report of IRMs by a company (ie
Lessbrook Pty Ltd trading as Transair) within 72 hours (which
carries a maximum penalty of up to 300 penalty units or $33,000) is
not time-barred.
The ATSB mistakenly drew the conclusion that all TSI Act
prosecution action in relation to IRM incident reports was time
barred and will now work with the DPP as a matter of priority to
see if a viable prosecution case can be prepared in relation to
Section 19.
Separately, the time limits for a prosecution under the TSI Act
are being reviewed.
Media Contact: 1800 020 616