Aviation Law Air Crash Investigations By Robert Grove, Matthew
Belham, Thomas Fogg & Chris Barritt.
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"In the Aviation Law System the Aviation Industry are
represented by two separate, yet equally important groups. The ATSB
who investigate crashes and CASA who prevent them. These are their
stories."
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ATSB Statistics 107 Accidents 195 Serious incidents Over 7,300
incidents involving Australian Registered Aircraft. 570 Occurrences
with foreign aircraft.
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ATSB Statistics General Aviation was involved in 38 percent of
incidents. Airspace incursions, compliance with air traffic
control, and birdstrikes were the most common incidents reported
Accidents and serious incidents involved terrain collisions, engine
failures, and a loss of aircraft control.
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ATSB Statistics Private/Business had highest number of
incidents 15 fatal accidents resulting in 22 fatalities Commercial
had the lowest number of incidents. helicopters had a higher rate
of accidents and fatal accidents than aeroplanes
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Pilots and operators should use the misfortunes of others to
help identify the safety risks in their operation that could lead
to a similar accident or serious incident.- ATSB
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Whose in charge?
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Mr Martin Dolan CHIEF COMMISSIONER Martin Dolan was appointed
as the first Chief Commissioner of the ATSB on 1 July 2009 for a
term of five years. Mr Dolan has worked as a Commonwealth public
servant for 30 years. Prior to the ATSB, he was Chief Executive
Officer of Comcare, with responsibility for the occupational health
and safety and workers' compensation of Commonwealth employees. Ms
Carolyn Walsh COMMISSIONER Carolyn Walsh has over 25 years
experience in policy development, regulation and safety management
at both the Commonwealth and state levels. She has 10 years
experience in the transport sector, initially as Executive
Director, Strategy in the NSW Office of the Coordinator-General of
Rail, and then as the Chief Executive of the NSW Independent
Transport Safety and Reliability Regulator (ITSRR). Mr Noel Hart
COMMISSIONER Noel Hart has over 30 years experience in the shipping
industry, including thirteen years at sea in senior deck officer
positions. His qualifications include a Master Mariner Class One
degree and business administration and MBA certificates
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The Australian Transport Safety Bureau (ATSB) is Australias
national transport safety investigator. Its Investigations seek to
identify safety issues and encourage safety action to reduce the
risk of future accidents and incidents. The ATSB is governed by a
Chief commissioner and two or more commissioners. An aviation
accident is defined by the Convention on International Civil
Aviation Annex 13 as an ; Occurrence associated with the operation
of an aircraft, which takes place between the time any person
boards the aircraft with the intention of flight until all such
persons have disembarked, where a person is fatally or seriously
injured, the aircraft sustains damage or structural failure or the
aircraft is missing or is completely inaccessible
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The ATSB is the federal government body responsible for
investigating transport- related accidents and incidents within
Australia. It covers air, sea and rail travel and is an independent
Commonwealth Government statutory Agency. The ATSB is governed by a
Commission and is entirely separate from transport regulators,
policy makers and service providers. Its headquarters are located
in Canberra, but it does have offices in, Adelaide, Brisbane and
Perth. It has about 110 employees, including about 60 investigators
of aviation, marine, and rail accidents and incidents.
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Many aviation incidents and all accidents are reportable to the
(ATSB) under the Transport Safety Investigation Act 2003. Air
Navigation Act 1920 Navigation Act 2012 Civil Aviation Act 1988
Acts
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Regulations Transport Safety Investigation regulation 2003 Air
Navigation Regulation 1947 Civil Aviation Regulations 1988
Transport Safety Investigation (voluntary and confidential
reporting scheme) regulation 2012
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- Section 12AA (3) of the TSI Act, clearly states that it is
NOT the function of the ATSB to: Apportion blame for transport
accidents or incidents; Provide the means to determine the
liability of any person in respect of a transport accident or
incident; Assist in court proceedings between parties (except as
expressly provided for in the Act); or Allow any adverse inference
to be drawn from the fact that a person is subject to an
investigation under this Act What they do essentially..
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An ATSB investigation is purely aimed at determining the
factors which led to an accident or safety incident so that lessons
can be learned and transport safety improved in the future. The
ATSB's ability to conduct an investigation with this objective
would be compromised if it sought to lay blame, as the future
free-flow of safety information could not be guaranteed. ATSB
investigation reports cannot be used in criminal or civil
proceedings. Release of sensitive safety information obtained by
the ATSB is strictly regulated.
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Liability may arise in relation to an ATSB investigation if a
responsible person does not report an immediately reportable matter
(IRM) or routine reportable matter (RRM), or if a person
deliberately hampers an investigation, or releases sensitive safety
information without authorisation.
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http://www.atsb.gov.au/map.aspx
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ATSB Vs CASA CASA Independent Commonwealth statutory Authority
(They blame) ATSB Independent Commonwealth Statutory Agency (They
Dont Blame)
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CASA
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CASAs Role ATSB investigate CASA read reports and find out the
causes CASA put forward new regulations to Parliament
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CASAs Role Prevention better than cure What is done to prevent
incidents?
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CASA officers conducting inspections, tests, etc. Tests/and or
inspections on the aircraft, the pilot, and aerodromes Can be done
unannounced CASA officers dont need consent Must provide
identification
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CASAs Role They are authorised to conduct inspections under the
following: Civil Aviation Regulations 1988 30(4), 30(6), 53 and 305
Civil Aviation Regulations 1988 Civil Aviation Act 1988 Part IIIA
and section 32ACB Civil Aviation Act 1988
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Regulations 30(4), 30(6), 53 and 305
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Civil Aviation Act 1988, Part IIIA and section 32ACB
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Inspections on and around aircrafts CASA inspectors have a role
in the acceptable standard of maintenance and inspection on
aircrafts CASA inspectors look at inside and outside airworthiness
of the aircraft, as well as the ground operations Company can be
fined if do not comply CASA inspectors can supervise
maintenance
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Regulation 254, Exits and passageways not to be obstructed
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Inspections/tests on people Drug and Alcohol testing Test
results This is covered in section 36 of the act, and regulation
256
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Civil Aviation Act 1988, Section 36
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Regulation 256
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Relevance Why have we bored you with this?
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Incident Investigation QANTAS flight QF32 Airbus A380
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Second Leg of London to Singapore Incident happened overhead
Batam Island, Indonesia.
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Incident Investigation Incident occurred over Batam Island,
Indonesian Airspace.
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Incident Investigation Incident occurred over Batam Island,
Indonesian Airspace. Plane turned around and landed at Changi
Airport, Singapore.
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Incident Investigation Incident occurred over Batam Island,
Indonesian Airspace. Plane turned around and landed at Changi
Airport, Singapore. Why ATSB?
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Incident Investigation The ATSB is responsible for
investigating accidents and other transport safety matters
involving civil aviation, marine and rail operations in Australia
that fall within Commonwealth jurisdiction, as well as
participating in overseas investigations involving Australian
registered aircraft and ships. Transport Safety Investigation Act
2003
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Incident Investigation ATSB Runs full investigation over
incident. CASA
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Incident Investigation ATSB Runs full investigation over
incident. Recommends Rolls Royce address safety issues. CASA
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Incident Investigation ATSB Runs full investigation over
incident. Recommends Rolls Royce address safety issues. Unimpressed
with Rolls Royces steps. Consults with CASA. CASA
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Incident Investigation ATSB Runs full investigation over
incident. Recommends Rolls Royce address safety issues. Unimpressed
with Rolls Royces steps. Consults with CASA. CASA Issues
maintenance direction to Qantas under Regulation 38 of the Civil
Aviation Regulations 1988.
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Incident Investigation ATSB Runs full investigation over
incident. Recommends Rolls Royce address safety issues. Unimpressed
with Rolls Royces steps. Consults with CASA. CASA Issues
maintenance direction to Qantas under Regulation 38 of the Civil
Aviation Regulations 1988. (1) CASA may give directions relating to
the maintenance of Australian aircraft for the purpose of ensuring
the safety of air navigation.aircraft Regulation 38 of the Civil
Aviation Regulations 1988
References QF32 Investigation: AO-2010-089 - In-flight
uncontained engine failure Airbus A380-842, VH-OQA, overhead Batam
Island, Indonesia, 4 November 2010. 2014.Investigation: AO-2010-089
- In-flight uncontained engine failure Airbus A380-842, VH-OQA,
overhead Batam Island, Indonesia, 4 November 2010. [ONLINE]
Available
at:https://www.atsb.gov.au/publications/investigation_reports/201
0/AAIR/AO-2010-089.aspx. [Accessed 26 August 2014]
https://www.atsb.gov.au/publications/investigation_reports/201
0/AAIR/AO-2010-089.aspx Transport Safety Investigation Act 2003,
Available at
http://www.austlii.edu.au/au/legis/cth/consol_act/tsia2003374/
[Accessed 26 August 2014]
http://www.austlii.edu.au/au/legis/cth/consol_act/tsia2003374/
Civil Aviation Regulations 1988, Available at
http://www.austlii.edu.au/au/legis/cth/consol_act/tsia2003374/
[Accessed 26 August
2014]http://www.austlii.edu.au/au/legis/cth/consol_act/tsia2003374/