Jonathan Aleck, Associate Director of Aviation Safety, CASA

The Protection of Aviation Safety Information in Australia: Where we are and where we are going ICAO-COPAC Safety Seminar — Madrid (24 & 25 March 2011) Dr Jonathan Aleck Associate Director of Aviation Safety

Roles & Relationships
Australian Transport Safety Bureau (ATSB)
Civil Aviation Safety Authority (CASA)
Commonwealth Director of Public Prosecutions (CDPP)
Memorandum of Understanding between CASA and the CDPP
Memorandum of Understanding between the ATSB and CASA
ATSB/CASA Review 2007: Report to the Minister (Miller Review)

Legal Bases for Protecting Aviation Safety-Related Information
Transport Safety Investigation Act 2003
On-board Recording (OBR) Information
Restrictions on access (s. 52)
Restrictions on copying or disclosing (s. 53)
No ground for disciplinary action (s. 54)
Inadmissibility in criminal proceedings (s. 55)
Restrictions on admissibility in civil proceedings (s. 56)
Restrictions on use in coronial inquiries (s. 57)

Transport Safety Investigation Act 2003
Limitations on Disclosure of Restricted Information
Commissioners, staff members, consultants & others (s. 60)
Release in the interests of transport safety (s. 61)
Parliamentary Inquiries & Royal Commissions (s. 63)

Civil Aviation Act 1988
Use Immunity — answers to questions and documents produced in response to investigator’s request (s. 32AJ)
Consent or Court Order Required — identity of person providing Flight Data Analysis Programme ( FDAP ) input (Civil Aviation Order 82.3 & 82.5)
No Punitive Action by Operator — for reporting under a FDAP (Civil Aviation Order 82.3 & 82.5)

Prosecution Policy of the Commonwealth of Australia
Public Interest Considerations
Seriousness of the Offence
Antecedents and Background
Degree of Culpability
Counter-productivity (bringing the law into disrepute)
Availability of Alternatives to Prosecution
Prevalence and the Need for Deterrence

Freedom of Information Freedom of Information Act 1982
A Right of Access
Promotion of Representative Democracy
Increase participation and better-informed decision-making
Increase scrutiny, discussion, comment and review of government activities
Manage information for public purposes as a national resource
Facilitate and Promote prompt inexpensive access to public information

Freedom of Information Freedom of Information Act 1982
Exempt Documents
Documents affecting enforcement of law and protection of public Safety
Documents containing material obtained in confidence
Public interest conditional exemptions—certain operations of agencies

Non Safety-Related Uses of Aviation Safety Information
Criminal Prosecution
Civil Litigation
Coronial Inquiries and Inquests
Employment-Related Disciplinary Action

Safety Related Uses of Aviation Safety Information
Serious and Imminent threats to air safety — Miller Review (2007)
Variation, Suspension, Cancellation in the interests of safety —

Assessing Questions of Protection
What is the nature of the information in question?
What is the source of the information?
Under what circumstances should the information be protected?
In what way(s), and to what extent should the information be protected?
From whom should the information be protected?
For what reason(s) should the information be protected?

Constructive Progress
Unhelpful dichotomies
Safety vs Justice
Law vs Justice
Balancing complementary safety-related interests
The need for rational, legally recognised criteria
Avoiding polemics

Thank you for your attention

Jonathan Aleck, Associate Director of Aviation Safety, CASA

by Colegio Oficial de Pilotos de la Aviación Comercial on Mar 29, 2011

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Jonathan Aleck, Associate Director of Aviation Safety, CASA Presentation Transcript