Commonwealth Numbered Acts

TRANSPORT SAFETY INVESTIGATION AMENDMENT ACT 2009 (NO. 20, 2009) - SCHEDULE 2

Transport Safety Investigation Act 2003

1  Section 3

Insert:

"committee of management" of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association.

2  Section 3 (at the end of the definition of restricted information )

Add:

                    ; (i)  information contained in a report made under a voluntary reporting scheme;

                      (j)  information obtained or generated by the ATSB in the course of considering a report made under a voluntary reporting scheme;

                     (k)  records of the analysis of information contained in a report made under a voluntary reporting scheme (including opinions expressed by a person in that analysis).

3  Section 3

Insert:

"voluntary reporting scheme" means a scheme established by regulations made under section 20A.

4  Part 3 (heading)

Repeal the heading, substitute:

Part 3 -- Reporting of accidents etc.

Division 1 -- Compulsory reporting

5  At the end of Part 3

Add:

Division 2 -- Voluntary reporting

20A   Voluntary reporting scheme

             (1)  The regulations may establish a scheme for the voluntary and confidential reporting of issues that affect, or might affect, transport safety to the ATSB.

             (2)  The regulations may prescribe:

                     (a)  the purposes of the scheme; and

                     (b)  the manner in which reports are to be made; and

                     (c)  the use and disclosure by the ATSB of:

                              (i)  information contained in a report; or

                             (ii)  information the ATSB obtains or generates in the course of considering the report; and

                     (d)  any other matters necessary or incidental to the establishment or operation of a scheme in accordance with subsection (1).

6  After section 25

Insert:

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).