Summary
The Australian Transport Safety Bureau (ATSB) is an independent
Commonwealth Government statutory Agency. The Bureau is managed by
a Commission and is entirely separate from transport policy makers,
industry operators, and transport regulators such as the Australian
Maritime Safety Authority (AMSA).
The ATSB's function is to maintain and improve safety and public
confidence in the marine, aviation and rail modes of transport
through excellence in:
- independent investigation of transport accidents and other
safety occurrences;
- safety data recording, analysis and research; and
- fostering safety awareness, knowledge and action.
The ATSB conducts 'no blame' marine safety investigations in
accordance with the Transport Safety
Investigation Act 2003 (TSI Act). The Bureau does not
investigate for the purpose of taking administrative, regulatory or
criminal action.
Marine safety investigations are carried out in conformity with
International Treaties and instruments, including Article 94(7) of
the UN Convention on the Law of the Sea(UNCLOS), the Safety of Life
at Sea (SOLAS) Convention which includes the International Casualty
Investigation Code, and the Load Line Convention. Regard is also
had to International Maritime Organization (IMO) Resolutions. These
international instruments are recognised by the TSI Act.
The ATSB's primary focus is on overseas and interstate shipping.
In this jurisdiction the Bureau investigates selectively, as do
many equivalent organisations overseas. The aim is to concentrate
ATSB's resources on those investigations considered most likely to
enhance maritime safety. This approach means the ATSB undertakes
about 10 on-site investigations each year, mostly on foreign flag
vessels.
When the ATSB investigates a marine accident or incident,
investigators will seek to determine its circumstances, identify
any safety issues, and encourage relevant safety action. The aim of
all ATSB investigations is to prevent the occurrence of other
accidents and incidents, rather than to assign blame or liability.
This approach helps ensure the continued free flow of safety
information for the purposes of improving safety in the future.
As required under the Transport Safety Investigation
Regulations 2003 (TSI Regulations), the master of a ship,
operator, agent, or pilot of a ship, must report an accident or
serious incident as soon as practicable and by the quickest means
possible. Reports should be made in accordance with Form 31/14
of the Marine Orders - Part 31: Ship surveys and certification,
Issue 6 (known as 'Form AMSA 18' in the industry). It is
normal practice for the report to be made to the Australian
Maritime Safety Authority (AMSA), who will then refer the report on
to the ATSB.
If you wish to report a Marine accident or incident you may
contact the Australian Search and Rescue (AusSAR) which is part of
AMSA on 1800 641 792 or the ATSB on 1800 011
034.
For more information on reporting, refer to AMSA's website at www.amsa.gov.au or the ATSB's
website at www.atsb.gov.au.
The ATSB operates Australia's REPCON Marine Scheme, which offers
seafarers the opportunity to report unsafe conditions, practices or
procedures aboard ships without fear of being identified. For more
information about REPCON Marine, phone 1800 020 505 or e-mail repcon@atsb.gov.au
On receiving a report of an accident or serious incident, the
ATSB will decide what action to take. Depending on the type and
severity this may be:
- an on-site investigation carried out by ATSB
investigators;
- a request for more information from an owner, employer or other
party; or
- an entry of accident or incident details into the ATSB's
database.
On-site investigations are detailed investigations where
investigators from the ATSB attend the vessel involved in the
accident or incident or a related premises. The investigators may
wish to interview persons directly or indirectly involved in the
accident or incident, or to remove and retain relevant
documentation and physical evidence for further examination and
analysis. It is accepted ATSB protocol that investigators seek to
obtain such information or assistance in a manner which encourages
cooperation. ATSB investigators will liaise with other parties with
an interest, like AMSA, the shipowner/operator /master or the
police, to ensure that there is minimal disruption to the
operations of the vessel.
Sensitive evidence collected in the course of an investigation
is classified as restricted information under the provisions of the
TSI Act. The Act contains confidentiality provisions, which prevent
restricted information from being made freely available for
purposes other than transport safety. Importantly, these provisions
provide self-incrimination immunity for persons who are required to
attend before the ATSB under powers of the TSI Act. Information
provided under these circumstances cannot be used against the
person in criminal or civil proceedings.
When an investigation of a marine accident or incident is
undertaken, an investigation report is completed for public
release.
About 900 copies of each report are printed. These are
distributed to the maritime community and educational institutions
in Australia, to marine administrations in Australia and abroad,
and to several overseas maritime colleges and universities.
All ATSB reports are sent to the IMO. The reports may also be
downloaded from the ATSB website www.atsb.gov.au. Readers are
encouraged to copy or reprint reports, in part or in whole, for
further distribution, acknowledging the source.
'Safety action' is the term used to describe any action taken by
organisations and individuals in response to the safety issues that
were identified during an investigation. The aim of any safety
action is to prevent similar accidents and incidents.
The ATSB facilitates safety action by communicating the
identified safety issues to the relevant organisations throughout
the course of an investigation. The ATSB encourages proactive
safety action and will acknowledge such action in its investigation
reports.
Formal safety recommendations are normally issued when other
attempts to facilitate safety action have been unsuccessful, and
the risk level is considered by the ATSB to be either critical or
significant. The ATSB has no legislative power to enforce its
safety recommendations, but it can require a detailed response
which may be made public, regarding the implementation of
recommendations.
The relevant State or Territory Coroner may hold an inquest into
a fatal marine accident. The Coronial inquest and the ATSB
investigation are separate but they do interact.
ATSB investigators may be legally required to appear as expert
witnesses. A date for an inquest or inquiry is determined by the
Coroner.
The Coroner's Office should be contacted on all matters relating
to an inquest. Coronial services can also offer assistance and
advice, and some Coronial jurisdictions provide grief counselling
and other support for relatives by means of trained
professionals.
The ATSB is an active member of the International Maritime
Organization's Flag State Implementation Sub-Committee. This body
analyses serious marine occurrences and refers appropriate reports
to the technical sub-committees of the IMO. All ATSB marine reports
are passed to IMO for recording in their database and are presented
for examination and review by the casuality analysis group at the
Flag State Implementation sub-committee.
The ATSB has also prepared seperate papers for the IMO that
address safety issues such as engine room fires and lifeboat
accidents.
The ATSB drafted significant parts of the SOLAS International
Casualty Investigation Code and the IMO training program for marine
accident investigators.
The ATSB liaises with overseas investigation bodies, mainly
through the Marine Accident Investigators' International Forum
(MAIIF), to promote international cooperation in accident
investigation.
| Type: |
Corporate Brochure |
| Publication date: |
01/07/2009 |
