Following an amendment to the Civil Aviation Act 1988
and associated regulations, a voluntary and confidential aviation
self reporting system was introduced by the Government, entitled
the Aviation Self Reporting Scheme (ASRS), and commenced operation
on 21 February 2004. Under the ASRS, subject to exceptions listed
below, the holder of a civil aviation authorisation may report a
contravention of the Civil Aviation Regulations 1988 and
the Civil Aviation Safety Regulations 1998 committed by
the holder.
The enabling legislation for ASRS is the Civil Aviation
Amendment Act 2003 [
PDF: 13KB]. The Civil Aviation Amendment
Regulations 2004 [
PDF: 29KB] provide the structure for the
voluntary reporting aspect of the scheme. The accompanying
regulations make the Executive Director of the Australian Transport
Safety Bureau and delegates the administrators of the ASRS.
For an accepted ASRS report, the regulations will not permit the
ATSB to disclose information that identifies the reporter (unless
in exceptional circumstances the reporter gives their consent). The
ATSB will return to the reporter the original ASRS report with a
receipt number and a separate receipt which may be used to claim
protection from administrative action by CASA. The ATSB will
maintain de-identified information internally. While protecting the
reporter's identity that information may be provided to the
regulator or published with other trend data.
If the report is accepted, evidenced by the return receipt, the
reporter may use the receipt to claim protection from
administrative action by CASA for the contravention. The reporter
may claim protection once every 5 years. Protection from
administrative action covers protection from CASA using the
reported contravention to vary, suspend or cancel a civil aviation
authorisation. If an infringement notice is issued the reporter is
not required to pay the penalty in the infringement notice and the
notice is taken to be withdrawn.
To be eligible for acceptance under ASRS, the report must be
about the reporter's own contravention. The report must be
submitted to the ATSB, in writing, no later than 10 days following
the contravention. The reporting form [
PDF: 156KB]
can be accessed by following the link provided below. A version of
the form that can be filled out online will be available soon.
Guidelines for submitting a report can be accessed at ASRS
Reporting Guidelines [
PDF: 29KB].
In addition to providing protection from administrative action,
the reports, while protecting the reporter's identity, may also be
used to:
- strengthen the foundation of aviation human factors safety
research
- identify deficiencies and problems in the Australian aviation
safety system; and
- provide data for planning and improvement to the Australian
aviation safety system.
Contraventions which are not reportable matters under ASRS
are:
- a contravention of the Regulations that is deliberate;
- a contravention of the Regulations that is fraudulent;
- a contravention of the Regulations that causes or contributes
to an accident or to a serious incident (whether before or after
the contravention is reported); and
- a contravention of the following Civil Aviation Regulations
1988:
- 282 (Offences relating to licences, certificates and
authorities)
- subregulation 288(2) (Detention of an aircraft)
- 298A (Cheating by examination candidates)
- 298B (Examination misconduct by persons other than examination
candidates)
- 298C (Personation at examinations)
- 301 (Surrender of documents)
- 302 (Production of licences)
- subregulation 305(1A) (Access of authorised persons)
The ASRS is not an alternative to the mandatory occurrence
notification system required by the Transport Safety
Investigation Act 2003 for Immediately Reportable Matters or
Routine Reportable Matters. These reports of accidents and
incidents must be made to the Executive Director of Transport
Safety Investigation through the ATSB's mandatory open reporting
scheme.
For inquiries contact the ASRS manager on 1800 020
505 or asrs@atsb.gov.au.
The Management of Enforcement and Investigations may be
contacted at CASA on 131 757 for specific inquiries related to
claiming immunity.
Submission of information known by the reporter to be
false or misleading is a serious offence under section 137.1 of the
Criminal Code. Aiding, abetting, counselling, procuring or urging
the submission of false or misleading information is also a serious
offence.
Reporting Form
Legislation
- Civil Aviation Amendment ACT 2003 (ASRS Sections)
[
PDF: 13KB]
- Explanatory Memorandum (ASRS sections) [
PDF: 15KB]
- Civil Aviation Amendment Regulations 2004 [
PDF: 36KB]
- Explanatory Statement [
PDF: 29KB]