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.

Regional engagement

Australia’s reputation for high quality and rigorous investigations makes us uniquely placed to assist transport safety in the Asia Pacific region, and the ATSB has an active program of regional engagement with other transport safety agencies, over and above that required by our international obligations.

Providing assistance to our regional neighbours helps strengthen their transport safety capabilities and meeting their international obligations related to transport safety. As well as promoting Australia's standing in the region and upholding our broader international obligations, it is in Australia's best interests to work for stability, safety and security in the countries that are our regional neighbours.

The type of capability building support that the ATSB is able to provide includes advice and guidance related to:

  • legislation and regulations for accident notification and investigation related activities
  • investigation function/agency structure and staffing
  • investigation function/agency policy and procedures
  • training for investigators and investigation support staff

The ATSB carries its out regional engagement work in a way that is unbiased, open, and accountable. We work with our counterpart agencies to develop programs that are mutually beneficial and that take appropriate account of local conditions and sensitivities.

The ATSB has specific programs of cooperation with the Indonesian National Transportation Safety Committee (NTSC) and the Papua New Guinea (PNG) Accident Investigation Commission (AIC). In 2024, the ATSB also began working within Australia-Pacific Partnerships for Aviation Program (P4A). These activities are supported by funding from the Australian Government Department of Foreign Affairs and Trade (DFAT). 

Indonesia

In March 2007, a Boeing 737 overran the runway while attempting to land at Yogyakarta airport, central Java. The accident claimed 21 lives, with others receiving serious injuries. Five of those who lost their lives were Australians. This tragic accident led to the development of the Australian Government’s Indonesia Transport Safety Assistance Package (ITSAP).

Under ITSAP, Australia has worked closely with the Government of Indonesia to develop a package of measures to address areas identified by Indonesia as its key transport safety priorities.

The main elements of the ATSB's contribution to ITSAP have been to deliver training and support for investigators from the ATSB's Indonesian counterpart agency, the National Transportation Safety Committee (NTSC). This includes the ATSB providing staff dedicated to various capacity building projects, funding training courses, and opportunities for aviation, marine, and rail investigators to work with their ATSB counterparts.

Papua New Guinea

Under the Australia-PNG Memorandum of Understanding on Cooperation in the Transport Sector, the ATSB has a program of cooperation and capability building with the PNG Accident Investigation Commission (AIC).

Enhancing the capability of PNG to carry out aviation safety investigations in a thorough and timely manner enables the identification of areas of safety concern and promotes safety action. The ATSB continues to support the AIC through identified areas of cooperation.

Australia-Pacific Partnerships for Aviation Program

Through the Australia-Pacific Partnerships for Aviation Program (P4A), the ATSB works with Pacific States to strengthen safety investigations through training and capability enhancement. This includes a range of initiatives such as establishing cooperation mechanisms with aviation agencies, improving institutional capability and ensuring that transport safety is aligned with global standards.

The ATSB has developed and is delivering a suite of face-to-face and virtual training packages, and will continue to work with Pacific States to build technical expertise to respond to local aviation incidents and accidents and promote regional aviation safety.

Australia's international obligations

The ATSB's program of regional engagement is in line with the philosophy and initiatives of both the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO).

The ICAO framework

The very nature of ICAO rests on the notion of international cooperation. The Chicago Convention on International Aviation was based on the ideal of promoting "cooperation between nations and peoples".

ICAO promotes cooperation between Contracting States in all matters relating to civil aviation. There is an acknowledgement that some ICAO States lack the resources to comply with ICAO standards and recommended practices on their own, and that the international community has a responsibility to assist those States to meet acceptable standards.

The IMO framework

The IMO places significant emphasis on cooperation between States. For example, the IMO has an extensive Technical Co-operation Programme which concentrates on improving the ability of developing countries to help themselves. The program concentrates on developing human resources through maritime training and similar activities.

ATSB operational benefit

Australia often needs to work cooperatively with other States in order to achieve its objectives. The ability to do this is significantly enhanced by building good relationships with the safety investigation agencies of other States, so that when an accident occurs the ATSB already has effective mechanisms in place to facilitate good communication and cooperation.

Procurement plan

Requests for Tender

All open Requests for Tender (RFTs) are available via the AusTender website.

AusTender is the online tendering system for Australian Government Agencies. AusTender allows tenderers to download tender documentation. Tenderers must first register with AusTender(Opens in a new tab/window).

Further guidance: The Department of Finance provides information to help business identify opportunities and compete for government business which can be found at: Selling to Government(Opens in a new tab/window).

 

Annual Procurement Plan

In accordance with the Commonwealth Procurement Rules, the ATSB has published an Annual Procurement Plan on AusTender.

 

Agency Contracts over $100,000 

ATSB's procurement contracts listing is available through the Senate Order link located on the AusTender Homepage tenders.gov.au(Opens in a new tab/window)

The ATSB's Accountable Authority has assured that the listed contracts do not contain any inappropriate confidentiality provisions.

Portfolio budget statements

ATSB resources and planned performance

Portfolio Budget Statements (PBS) detail Australian Government budget initiatives and provide explanations of appropriations specified by outcome and program by each directly appropriated entity within a Portfolio.

The ATSB's budget statement for 2026-27, which forms part of the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts' Portfolio Budget Statements, can be downloaded below.

Current and previous budget statements for the ATSB are also detailed in the Portfolio Budget Statements on the Department's website:

2026-27 ATSB Entity resources and planned performance - PDF

Entity resources and planned performance

2010 Flight Safety Australia

ATSB supplements

November - December

  • ATSB supporting aviation safety in PNG and the region
  • Improve your odds
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (November-December 2010) [
    PDF: 3.8MB (3.64 MB)
    ]

September - October

  • Ground safety occurrences
  • Tourists swim for it after helicopter joyride goes wrong
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (September-October 2010) [
    PDF: 2.5MB (2.36 MB)
    ]

July - August

  • Australian aviation accidents and incidents
  • Airport introduces safety innovation
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (July-August 2010) [
    PDF: 2.9MB (3 MB)
    ]

May - June

  • Dangers of inclement weather
  • Altered procedures complicate go-around event
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (May-June 2010) [
    PDF: 3.1MB (2.95 MB)
    ]

March - April

  • Avoidable accidents: Low-level flying
  • V-belt failure contributes to helicopter accident
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (March-April 2010) [
    PDF: 3.7MB (3.48 MB)
    ]

January - February

  • Threats and errors in aerial work and low capacity operations
  • The dangers of wave turbulence
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (January-February 2010) [
    PDF: 406KB (393.93 KB)
    ]

REPCON – Aviation Confidential Reporting Scheme

What is REPCON?

REPCON is a voluntary and confidential reporting scheme. REPCON allows any person who has an aviation safety concern to report it to the ATSB confidentially. Protection of the reporter's identity and any individual referred to in the report is a primary element of the scheme.

Who can make a report?

Anyone can report a safety concern confidentially to the ATSB. This means members of the travelling public or people involved in aviation.

Some examples of who has made a REPCON report in the past include:

  • an employee or contractor of an aviation transport operator who reported a matter under the operator’s Safety Management System (SMS) but does not believe it will be properly dealt with. 
  • a person who has not reported under the SMS because they believe they will suffer retribution. (When submitting a report please ensure that you cannot be identified within your organisation by not copying any other person in to the report).

What may be reported?

Each of the following concerns (reportable safety concerns) in relation to the safety of aircraft operations to which the Regulations apply are examples of what may be reported under REPCON.  The list is not exhaustive:

a) an incident or circumstance that affects or might affect the safety of aircraft operations;

b) a procedure, practice or condition that a reasonable person would consider endangers, or, if not corrected, would endanger, the safety of air navigation or aircraft operations, for example:

(i) poor training, behaviour or attitude displayed by an aircraft operator, airport operator or air traffic control service provider; or
(ii) insufficient qualifications or experience of employees of the aircraft operator, airport operator or air traffic control service provider; or
(iii) scheduling or rostering that contributes to the fatigue of employees of the aircraft operator, airport operator or air traffic control service provider; or
(iv) an aircraft operator, airport operator or air traffic control service provider bypassing safety procedures because of operational or commercial pressures; or
(v) inadequate airport facilities for safe operations; or
(vi) unsafe passenger, baggage or cargo management; or
(vii) inadequate traffic or weather information;

c) any other matter that affects, or might affect the safety of or aircraft operations not reportable under a mandatory reporting scheme.

If you are in any doubt whether the matter you wish to report is covered by the REPCON scheme or a mandatory reporting scheme please call us.

What is not a reportable safety concern?

To avoid doubt, the following matters are not reportable safety concerns and are not guaranteed confidentiality

  • matters relating to a serious and imminent threat to a person’s health or life
  • industrial relations matters
  • conduct that constitutes a criminal offence
  • terrorist acts. If you wish to provide information about terrorist activity you should call the National Security Hotline on 1800 123 400.

Matters which must be reported under a mandatory reporting scheme should not be reported under REPCON. This will not discharge your reporting obligations under a mandatory reporting scheme.

If you believe it would be necessary to act on information about an individual referred to in your report then you should report this directly to the Civil Aviation Safety Authority (CASA) on 1800 074 737 or the aircraft operator

What is confidential?

Personal information about the reporter and any person referred to in the report is confidential. Even if you are not concerned about keeping your identity confidential, do not copy in personnel from within or outside your organisation to the report. The integrity of the confidentiality of the reporter is the main concern of the REPCON system. If this occurs we cannot process the report within the REPCON framework.

If you think it’s necessary to act on information about a person referred to in your report, you should report this directly to the Civil Aviation Safety Authority on 1800 074 737.

Is an anonymous report acceptable?

REPCON does not accept anonymous reports. REPCON staff cannot contact an anonymous reporter to verify the report or to seek additional information. Further, REPCON staff must be satisfied that the reporter's motivation for reporting is aviation safety promotion, and that the reporter is not attempting to damage a rival or pursue an industrial agenda.

How are reports processed?

REPCON staff will assess reports for clarity, completeness and significance for aviation safety and to ensure it meets the requirements of a Reportable Safety Concern (RSC) for aviation.

The report will be de-identified to remove all personal details of the reporter and any individual named in the report. This will be passed to the reporter who must authorise the content before the REPCON can proceed further.

The de-identified text is then forwarded to the relevant organisation that is best placed to address the RSC. The organisation’s response will then be forwarded to the regulatory bodies, such as CASA, for further action as deemed necessary.

REPCON may use the de-identified version of the report to issue an information-brief or alert bulletin to a person or organisation, including CASA, which is in a position to take safety action in response to the safety concern.

What are the possible outcomes from report?

The desired outcomes are any actions taken to improve aviation safety in response to the identified concern. This can include variations to standards, orders, practices, procedures or an education campaign.

Why is REPCON important?

REPCON reports can serve as a powerful reminder that, despite the best of intentions, well-trained and well-meaning people are still capable of making mistakes. The de-identified stories arising from these reports may serve to reinforce the message that we must remain vigilant to ensure the ongoing safety of ourselves and others.

ASRS or REPCON?

REPCON is a separate scheme to the Aviation Self Reporting Scheme (ASRS). The ASRS allows for self-reports of unintentional regulatory breaches by pilots who are seeking to claim protection from administrative action by CASA. A reporter seeking protection from administrative action by CASA should consider reporting under the ASRS and whether they meet its criteria.

REPCON is a much broader reporting scheme designed to capture a wide range of aviation safety concerns from a large pool of potential reporters.

How can I make a report?

REPCON reports can be submitted from this link

Mail:
GPO Box 321
Canberra, ACT 2601

Telephone: 1800 020 505
Overseas: +61 2 6230 5135

Email: repcon@atsb.gov.au

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, counseling, procuring or urging the submission of false or misleading information is also a serious offence.

Related links

The International Confidential Aviation Safety Systems Group

The International Confidential Aviation Safety Systems (ICASS) Group promotes confidential reporting systems as an effective method of enhancing flight safety in commercial air transport and general aviation operations. The principal objectives of the ICASS Group are:

  • To provide advice and assistance in the startup and operation of a confidential reporting system.
  • To facilitate the exchange of safety related information between independent confidential aviation reporting systems.
  • To identify solutions to common problems in the operation of such systems.

Group membership

Membership to the ICASS Group is by invitation.

Membership - Membership with full voting rights. 

Available to Reporting Systems that provide:

  • Voluntary reporting
  • Confidential protections
  • Operating on a regional, national or international level

Observer Status - In attendance by invitation during general business, but may be excluded from sensitive discussions.

Available to interested third party groups, eg. research institutions, airlines, service providers, manufacturers, and representatives of emerging confidential reporting systems.

For more information on confidential reporting and/or membership of ICASS, contact any one of the following programs.

Current Member Programmes

International Confidential
Aviation Safety Systems Group

ICASS(Opens in a new tab/window)

 

Australia

REPCON

 

Brazil

RCSV

 

Canada

SECURITAS(Opens in a new tab/window)

 

China

SCASS

 

France

REC(Opens in a new tab/window)

 

Japan

ASI - NET(Opens in a new tab/window)

 

Korea

KAIRS(Opens in a new tab/window)

 

Singapore

SINCAIR(Opens in a new tab/window)

 

Spain

SNS(Opens in a new tab/window)

 

Taiwan

TACARE(Opens in a new tab/window)

 

United Kingdom

CHIRP(Opens in a new tab/window)

 

United States

ASRS(Opens in a new tab/window)

2009 Flight Safety Australia

ATSB supplements

November-December

  • Aviation Research at the ATSB
  • When weather and terrain collude
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (November-December 09) [
    P (2.84 MB)
    P (2.84 MB)
    ]

September-October

  • Amateur-built and experimental aircraft survey: The results
  • Engine Failure
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (September-October 09) [
    PDF: 860KB (2.26 MB)
    ]

July-August

  • Reporting trends in charter operations
  • Fuel system event
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (July-August 09) [
    PDF: 889KB (2.7 MB)
    ]

May-June

  • Runway Excursions
  • Fuel Mismanagement Issues
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (May-June 09) [
    PDF: 803KB (782.88 KB)
    ]

March-April

  • Aircraft depressurisation - what cabin crew need to know
  • Cirrus changes parachute system design
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (Mar-Apr 09) [
    PDF: 811KB (788.17 KB)
    ]

January-February

  • An Overview of Human Factors in Aviation Mintenance
  • Wirestrike
  • Investigation briefs
  • Repcon briefs
  • Download ATSB supplement (Jan-Feb 09) [
    PDF: 520KB (505.17 KB)
    ]

Minister's Statement of Expectations

As established by the Transport Safety Investigation Act 2003, the ATSB is an independent Commonwealth Government statutory agency, reporting to the Minister for Infrastructure, Transport, Regional Development and Local Government.

Australian Government Ministers issue Statements of Expectations to statutory agencies. Through issuing a Statement of Expectations, Ministers provide greater clarity about government policies and objectives relevant to that statutory authority, including the policies and priorities it is expected to observe in conducting its operations.

On 27 August 2025, Minister for Infrastructure, Transport, Regional Development and Local Government, Catherine King, issued an updated Statement of Expectations for the ATSB with effect from 1 September 2025 to 30 June 2027, replacing the previous SoE made on 13 June 2023.

It represents a notice of strategic direction to the ATSB under section 12AE of the Transport Safety Investigation Act 2003 (the Act) and sets out our Minister’s views on the appropriate strategic direction for the agency.

Governance

I expect that the Chief Commissioner and other Commissioners will continue to enable and enhance the effective operation of the ATSB as Australia's national transport safety investigator.

I expect that the Chief Commissioner will keep the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the department) and myself informed of the ATSB's work, and promptly advise of any events or issues which may impact on the ATSB. To this end, I expect the ATSB to provide the Department and myself with quarterly progress reports on its activities.

I recognise that the nature of the ATSB requires its Commissioners and staff to have contemporary and extensive experience in the transport sector which can bring perceived or actual conflicts of interest. I expect the ATSB to continue to manage any conflicts of interest effectively and expect that the ATSB will publish its guidelines for the management of conflicts of interest on its website.

Strategic Direction

I expect the ATSB to regard improving transport safety as its primary function. 

I expect the ATSB to perform its functions in accordance with the Act and the Public Governance, Pe1formance and Accountability Act 2013, and other applicable legislation.

I expect that the ATSB's resources will be used in a proper manner, following best practice principles and guidelines.

I expect the ATSB to perform its functions consistent with Australia's international obligations, including the requirements of the International Civil Aviation Organization and the International Maritime Organization. 

I expect the ATSB to work towards the timely finalisation of investigations to support continuous improvement in transport safety.

In conducting its functions as Australia's national transport safety investigator, I expect the ATSB will continue to:

  • regard improving transport safety as its primary function;
  • give priority to transport safety investigations that have the highest potential to deliver the greatest public benefit through improvements to transport safety;
  • participate in Australia's transport safety policy and regulatory framework, working with the Department and other stakeholders, including the Civil Aviation Safety Authority (CASA), Airservices Australia, the Australian Maritime Safety Authority (AMSA), the Office of the National Rail Safety Regulator (ONRSR), the Department of Defence, and the transport industry;
  • be a global leader in transport safety investigation, research and analysis, and foster public awareness and education on transport safety; and
  • continually review, promote and share investigation policies and practices to ensure it remains a global best practice safety investigation agency, and advances the national and international safety agenda.

Key Initiatives

I expect the ATSB will focus on the following key initiatives:

  • implement effective workforce planning, ensuring the ATSB has the skills and expertise to meet current and emerging challenges in transport safety investigation;
  • provide a centre of excellence for transport safety investigation, including through partnerships with educational institutions;
  • collaborate with other countries to improve accident investigation capability and compliance with international protocols;
  • support the Commonwealth Government's transport safety objectives in the Asia Pacific region;
  • continue its research activities, and collect and analyse data on topics with the most significant prospects of improved transport safety and the greatest public benefit;
  • provide input to Commonwealth Government reviews or inquiries regarding the ATSB's operations and jurisdictions across different modes of transport, as required; and
  • continue to work closely with the Department to develop options to address long term financial sustainability for Government's consideration.

Stakeholder Engagement

I expect the ATSB to: 

  • effectively engage and communicate with stakeholders using targeted messaging through appropriate mediums, to influence positive safety action;
  • work closely with the Department and other Government agencies, including CASA, Airservices Australia, AMSA and ONRSR to deliver integrated and comprehensive safety advice to Government, industry and the community; and
  • engage closely with aviation, rail and maritime regulators and policy makers to ensure the appropriate sharing and use of safety information, with all arrangements being transparent to industry and consistent with a strong reporting culture.

 

 

Minister's Statement of Expectations

Minister's Statement of Expectations for the Australian Transport Safety Bureau from 1 September 2025 to 30 June 2027 PDF