Editors --- "The Transport Safety Investigation Act" [2003] AdminRw 23; (2003) 55 Admin Review 59

• The Transport Safety Investigation Act

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The Transport Safety Investigation Act

The Transport Safety Investigation Act 2003 came into operation on 11 April 2003. Its purpose is to maintain and improve transport safety in the aviation, marine and rail areas by providing for the reporting of transport safety matters, independent investigations by the Australian Transport Safety Bureau, the making of safety action statements, and the publication of investigation results.

The Act provides the Australian Transport Safety Bureau with legislative authority in relation to rail safety investigation (currently dealt with under state and territory law) and consolidates the bureau’s investigative powers in relation to air and shipping accidents.

The Act creates the position of Executive Director of Transport Safety Investigation, whose powers include the following:

• the power to investigate any transport safety matter, subject to some restrictions

• the power to require a person to attend an examination and answer any questions relevant to an investigation or produce any specified evidence. Failure to comply is punishable by a fine of up to $3300

• the power to enter an accident site or a vehicle without the occupier’s consent and without obtaining a warrant and to use necessary and reasonable force.

With some exceptions, the executive director may delegate his or her powers to another person.

Sensitive information collected during the course of an investigation is subject to restrictions. For example, on-board recording information cannot be used in criminal proceedings against a crew member and can be disclosed only in limited circumstances, such as when it is necessary or desirable for the purposes of transport safety.

The Act was introduced along with the Transport Safety Investigation (Consequential Amendments) Act 2003, which operates to incorporate references to the Transport Safety Investigation Act in existing transport safety and freedom of information legislation.