OBR ceasing to be an OBR under declaration of the ATSB
Section 49 of the Transport Safety Investigation Act 2003 (TSI Act) provides for the ATSB declaring a vehicle's On-Board Recording (OBR) should not be treated as such for the purposes of Part 6 Division 1 of the TSI Act(Opens in a new tab/window).
Note: section 48 of the Act contains a definition for an OBR.
Part 6 Division 1 of the TSI Act provides for certain confidentiality protections which must be applied to OBRs. Where an OBR is declared not to be an OBR, please note that protections other than those in the TSI Act may remain, including under legislation such as the Privacy Act 1988(Opens in a new tab/window).
For Marine, OBRs connected with the following occurrences are declared not to be OBRs for the purpose of the TSI Act:
An Australian Government agency subject to the Freedom of Information Act 1982 (Cth) (FOI Act) must publish a range of information on its website as part of its Information Publication Scheme (IPS). This includes information on the agency’s structure, functions, appointments, annual reports, consultation arrangements, and details of the agency’s Freedom of Information (FOI) officer. Information routinely released through FOI requests and routinely provided to parliament must also be published online.
The ATSB is committed to taking a proactive approach to publishing information. The ATSB’s IPS Agency Planoutlines the ATSB’s approach to the scheme and what we will include in the IPS entry.
Below are the categories of information we publish in our IPS entry below, along with links to the information or documents. Please contact us at atsbinfo@atsb.gov.au if you have any difficulty accessing any information.
Information we've released under FOI requests is available on our FOI disclosure log.
The following link will take you to details of Frequently Asked Questions about the ATSB which are intended to assist with an understanding of its functions and operations:
In undertaking its functions, the ATSB relies on operational information, which includes policies and procedures, guidelines and operational tools. The primary link for this information is:
The ATSB is required under ss 8(2)(e) and 8(2)(h) of the FOI Act to publish annual reports laid before the Parliament, and other information routinely provided to the Parliament. Our reports and responses to parliament are found on our Annual Reports page.
Routinely requested information and disclosure log
The following links will take you to the type of information most commonly sought from the ATSB. If you are unable to source the material you seek, then you are invited to request the specific information needed by emailing us at atsbinfo@atsb.gov.au.
Routinely requested information includes information in documents to which ATSB routinely gives access in response to FOI requests.
The ATSB will clearly identify these documents in its disclosure log, published under section 11C of the FOI Act, which requires agencies to publish information contained in documents to which the agency has provided access under the FOI Act.
The below link is the Disclosure Log for all FOI requests received from 1 May 2011. If you wish to have access to the material that has been disclosed, please forward your request to FOI-ATSB@atsb.gov.au.
The Disclosure Log also references information to which the ATSB routinely has given access in response to FOI requests:
Access charges may apply for the provision of documents to you.
Consultation arrangements
The ATSB is required under section 8(2)(f) of the FOI Act to publish information about consultation arrangements that enable members of the public to comment on specific policy proposals for which the agency is responsible (there is currently no consultation being undertaken).
Contact details
Contact details for access to the ATSB’s information or documents under the FOI Act can be found on the ATSB website at:
Australia's REPCON Marine Confidential Reporting Scheme offers seafarers the opportunity to report unsafe conditions, practices or procedures aboard ships without fear of being identified.
The Australian Transport Safety Bureau collects information for the purposes of enhancing marine safety. The information may be disclosed to other bodies or individuals for this purpose. If the information is the subject of an investigation it will only be used in accordance with the Transport Safety Investigation Act 2003.
This report should contain as much of the following information as within the knowledge of the person making the report.
If you cannot complete this report or require assistance, please telephone 1800 020 505.
No postage stamp is required if the printed form and any other material are mailed to REPCON from within Australia.
This report will only be seen by ATSB's confidential reporting staff. Your details are only required to enable us to contact you to confirm and discuss your report. They will remain confidential unless you give us your approval to disclose them. We will acknowledge your report as soon as possible.
Download and print a form for offline submission [
Sections 25A of the TSI Act requires a person, association or agency to provide a written response to a Safety Recommendation contained in a report released under section 25 of the TSI Act(Opens in a new tab/window). The response is required within 90 days of the report being published. Responses to recommendations are published on the ATSB website.
Failure to respond may attract a penalty of up to 30 penalty points ($3,300 for a natural person and $16,500 for an incorporated organisation), and advice of any such failure to respond will be published on the ATSB website.
Policy
Responses to Safety Recommendations are to be provided within the timeframe (within 90 days of the report being published) as required by the TSI Act.
Where responses are not received, a decision about appropriate enforcement action is taken. Choice of an appropriate action is based on a graduated response that focuses on the primary objective to achieve an appropriate safety outcome, including to:
continue to engage with the responsible person, or class of responsible persons, to ensure compliance; or if necessary
refer the apparent breach to the Australian Federal Police (AFP) for investigation, with the potential for a brief of evidence to be provided by the AFP to the Commonwealth Director of Public Prosecutions (CDPP) to assess for possible prosecution action.
The ATSB's policy is that the option of continued engagement is used where the apparent breach does not meet the criteria for referring it to the AFP for investigation. The matter must be serious for a referral.
Criteria for referral
Where there is an apparent breach of section 25A of the TSI Act it is likely that it would only be considered serious if:
a) the person or organisation was aware of their obligations to respond, or should have in the circumstances been aware of their reporting obligations, and there is evidence to indicate that the person or organisation:
i. deliberately decided not to respond in accordance with their obligations; or
ii. was reckless in their failure to respond; and
b) the matter or matters that required a response:
i. have the potential for serious safety consequences if not addressed; or
ii. have the potential for less serious safety consequences but there is no other means to ensure that the person or organisation explains to the industry and the public how the matter or matters are being addressed; and
c) an investigation by the AFP, with potential prosecution by the CDPP, is thought necessary to:
i. obtain compliance from the person now and in the future; or
ii. deter other persons or organisations from failing to respond.
The Australian Transport Safety Bureau (ATSB) is an independent Australian Government statutory agency. The Bureau is governed by a commission and is entirely separate from transport regulators and service providers. The ATSBs objective is safe transport and its function is to improve safety and public confidence in transport safety through excellence in safety investigations and research and
promulgating the lessons learned, safety actions and safety messages. It is not the purpose of ATSB investigations to apportion blame or provide a means for determining liability. The ATSB performs its functions in accordance with the provisions of the Transport Safety Investigation Act 2003 (TSI Act) and Regulations.
The Safety Issue Investigation
Background: In December 2010, following the completion of ATSB investigation MO-2009-001 into the grounding of the laden tanker Atlantic Blue in the Torres Strait in 2009, the ATSB initiated a safety issue investigation into Queensland's coastal pilotage operations. The findings of MO-2009-001 and two previous groundings in the Great Barrier Reef (GBR) since 1999 where a coastal pilot had conduct of the ship and numerous reports from coastal pilots about safety concerns indicate that significant safety issues may exist in coastal pilotage.
Reason and objective: The significant amount of cargo traded through ports along Australia's east coast makes shipping vital for the local and national economies. Coastal pilotage is the most important defence in place to reduce the risk of a shipping incident in the particularly sensitive GBR environment. Therefore, the safest possible coastal pilotage operations will benefit all industry stakeholders. A broad, systemic, ATSB safety issue investigation could identify issues that can make this objective more likely and improve safety and public confidence.
Scope: The investigation will focus on the safety management of pilotage operations, particularly the piloting procedures and practices of coastal pilots, including related motivational factors. Specific areas of existing safety management systems to be looked at will include pilot training and professional development, passage planning, standard piloting procedures, incident reporting, collision avoidance and the management of pilots' working hours. The investigation will also examine the effectiveness of the coastal pilotage regulations, the pilotage safety management code and the pilot assessment system in supporting safe and efficient pilotage operations.
The investigation will not focus on different models for the provision of pilotage services, commercial aspects not directly related to safety issues or analyse the costs or benefits of addressing safety issues that may be identified.
Investigation process: All investigation activities will be carried out under the provisions of the TSI Act which include the protection of certain information (restricted information). The ATSB will take into account various past reviews into coastal pilotage and collect information from licensed coastal pilots, stakeholders and interested parties. This will include a survey of all pilots, inviting submissions
from stakeholders and accepting submissions from other interested parties. A number of meetings will also be arranged with key stakeholders, coastal pilots and interested parties. Based on the evidence collected, a draft investigation report will be prepared and provided to relevant parties for comment. All comments received will be considered in finalising the investigation report and its findings.
Information and communication
Further information is available via the ATSB website and the links provided below:
The Australian Transport Safety Bureau (ATSB) has written to the organisations listed in this document, requesting them to make submissions with respect to this safety issue investigation. Members and associates of these organisations are welcome to make submissions directly. The ATSB will also accept submissions from any other interested parties, including coastal pilots or pilot groups.
All submissions should be made in writing and received at the address below by the close of business on Friday, 28 January 2011.
Stakeholders and interested parties
Australian Maritime Safety Authority
Australasian Marine Pilots Institute
Australian Reef Pilots Pty Limited
Australian Shipowners Association
ANL Container Lines
ASP Ship Management Limited
BP Australia Ltd
Department of Transport and Infrastructure
Great Barrier Reef and Torres Strait Vessel Traffic Service
Great Barrier Reef Helicopter Group
Great Barrier Reef Marine Park Authority
Hydro Pilots Australia Pty Limited
International Maritime Pilots Association
Mackay Helicopters
Maritime Safety Queensland
Minerals Council of Australia
National Bulk Commodities Group
Perkins Shipping Pty Limited
Ports Australia
P&O Maritime Services
Queensland Alumina Limited
Queensland Sugar Limited
Rio Tinto Shipping Pty Limited
Shell Tankers Australia Pty Limited
Shipping Australia Limited
Teekay Shipping (Australia) Pty Limited
The Nautical Institute
Torres Pilots Pty Limited
Torres Strait and Great Barrier Reef Pilots Limited - Sea Torres and Reef Pilots
Whitsunday Helicopters
The ATSB can be contacted at:
Australian Transport Safety Bureau
Manager, Surface Safety-Canberra
PO Box 967
Civic Square ACT 2608
Failure of a Responsible Person to Report under Sections 18 and 19 of the Transport Safety Investigation Act 2003
Where it is apparent that a Responsible Person has failed to provide a report in accordance with the requirements in sections 18 or 19 of the TSI Act, the circumstances of the apparent failure will be assessed to determine the appropriate action to be taken. Appropriate action will be based on two options:
(a) educate the responsible person, or class of responsible persons, to ensure compliance in the future; or
(b) refer the apparent breach to the Australian Federal Police (AFP) for investigation, with the potential for a brief of evidence to be provided by the AFP to the Commonwealth Director of Public Prosecutions (CDPP) to assess for possible prosecution action. In certain circumstances, the referral may instead be made to state police force, or to a police force with jurisdiction to investigate the apparent breach.
The ATSB's policy is that the option of education is to be used where the apparent breach does not meet the criteria for referring it to the AFP(Opens in a new tab/window) for investigation. However, it is expected that there will be relatively few circumstances where the matter is referred to the AFP. The matter must be serious.
Where there is an apparent breach of section 18 or 19 of the TSI Act it is likely that it would only be considered serious if:
(a) the Responsible Person was aware of their reporting obligations, or should have in the circumstances been aware of their reporting obligations, and there is evidence to indicate that the Responsible Person:
i. deliberately decided not to report in accordance with their obligations; or
ii. was reckless in their failure to report; and
(b) the matter or matters required to be reported:
i. had serious safety consequences, or narrowly avoided serious safety consequences, for a person or persons and is a matter or matters that the ATSB would investigate; or
ii. constituted a number of less serious matters, but which because of their number represent a poor approach to safety reporting by the Responsible Person; and
(c) an investigation by the AFP, with potential prosecution by the CDPP, is thought necessary to deter:
i. the Responsible Person from failing to report in the future; or
ii. other Responsible Persons from failing to report.
As a minimum, the circumstances should be consistent with the above criteria for the matter to be referred to the AFP with the intention of it then being prosecuted by the CDPP.
Angus Mitchell has extensive experience in organisational leadership and management, maritime operations and safety investigation.
He joined the ATSB from Maritime Safety Queensland, where as General Manager he oversaw the safe and efficient movement of vessels into and out of Queensland’s 21 ports, and was responsible for compliance activities and safety investigations for Australia’s largest recreational maritime fleet.
During his tenure, Maritime Safety Queensland was recognised with an Australian Industry and Shipping Award for its role in managing international shipping throughout the COVID pandemic and supporting the welfare and safety of international seafarers.
Prior to leading Maritime Safety Queensland, Mr Mitchell was the Executive Director of NSW Maritime, where he oversaw Australia’s largest state’s primary maritime regulatory, investigative and compliance agency. He has also served as Deputy Harbour Master – Operations for Sydney Ports, where he was responsible for managing day-to-day port operations for both Sydney Harbour and Port Botany.
Angus is a former officer of the Royal Australian Navy having seen service in operational, policy and international roles. He is an Indonesian linguist and commenced his five-year term as ATSB Chief Commissioner and Chief Executive Officer on 2 September 2021.
Mr Peter Wilson
COMMISSIONER
Peter Wilson commenced his professional piloting career with Qantas in 1985. Over the following 20 years, Mr Wilson held a number of key senior management appointments including Senior Check Captain Boeing 767, General Manager of Boeing 767 Operations and General Manager of Airbus A330 Operations.
Mr Wilson also held the senior executive appointments as Qantas’s Chief Pilot and Chief Operating Officer.
Since retiring from Qantas, Mr Wilson has worked as a professional consultant, served as the interim CEO and Chief Operating Officer of Tigerair and held other senior executive appointments more broadly.
Mr Wilson was appointed a Commissioner of the Australian Transport Safety Bureau in August 2023.
Ms Julie Bullas
COMMISSIONER
Julie Bullas has significant operational experience and achievements involved in rail safety and rail regulation at the state and national level.
Before joining the ATSB Commission Ms Bullas served for 10 years as Executive Director, Policy, Reform and Stakeholder Engagement at the Office of the National Rail Safety Regulator (ONRSR), and before which she was project director for the National Rail Safety Regulator Project.
Prior to working with the national rail regulator, Ms Bullas was the road/rail interface specialist for Queensland Rail, and the Director of Rail Safety for Queensland Transport.
Ms Bullas was appointed a Commissioner of the Australian Transport Safety Bureau in October 2023.
VADM Russell Crane
COMMISSIONER
Vice Admiral Russell Crane AO, CSM, ret’d is a former Chief of Navy, and as such is a highly experienced mariner and with extensive experience as a senior leader.
VADM Crane served as Chief of Navy between July 2008 and June 2011, during which time he initiated the New Generation Navy program and established the inaugural RAN Seaworthiness program.
His Navy service also included three seagoing commands (including of HMAS Success, then the largest vessel in the Navy), and serving as Commander of the Navy Systems Command, Director General Coastwatch, and Deputy Chief of Navy.
Since retiring from the Navy, he has held a number of board and advisory positions.
VADM Crane was appointed a Commissioner of the Australian Transport Safety Bureau in December 2025.
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