Aviation Law
Air Crash Investigations
By Robert Grove, Matthew Belham, Thomas Fogg & Chris Barritt.
• "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."
ATSB Statistics
• 107 Accidents
• 195 ‘Serious’ incidents
• Over 7,300 incidents involving Australian Registered
Aircraft.
• 570 Occurrences with foreign aircraft.
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.
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
• “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
Whose in charge?
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.
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
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).
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The Australian Transport Safety Bureau (ATSB) is Australia’s national transport safety
investigator.
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Its Investigations seek to identify safety issues and encourage safety action to reduce
the risk of future accidents and incidents.
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The ATSB is governed by a Chief commissioner and two or more commissioners.
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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 transportrelated 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.
Acts
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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
Regulations
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Transport Safety Investigation regulation 2003
Air Navigation Regulation 1947
Civil Aviation Regulations 1988
Transport Safety Investigation (voluntary and confidential reporting scheme)
regulation 2012
What they do
essentially..
- 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
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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.
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
ATSB Vs CASA
• CASA – Independent Commonwealth statutory
Authority (They blame)
• ATSB – Independent Commonwealth Statutory
Agency (They Don’t Blame)
CASA
CASA’s Role
• ATSB investigate
• CASA read reports and find out the causes
• CASA put forward new regulations to
Parliament
CASA’s Role
• Prevention better than cure
• What is done to prevent incidents?
CASA officers conducting inspections,
tests, etc.
• Tests/and or inspections on the aircraft, the
pilot, and aerodromes
• Can be done unannounced
• CASA officers don’t need consent
• Must provide identification
CASA’s Role
• They are authorised to conduct
inspections under the following:
• Civil Aviation Regulations 1988 30(4),
30(6), 53 and 305
• Civil Aviation Act 1988 Part IIIA and
section 32ACB
Regulations 30(4), 30(6), 53 and 305
Civil Aviation Act 1988, Part IIIA and
section 32ACB
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
Regulation 254, ‘Exits and
passageways not to be obstructed’
Inspections/tests on people
• Drug and Alcohol testing
• Test results
• This is covered in section 36 of the act, and
regulation 256
Civil Aviation Act 1988, Section 36
Civil Aviation Act 1988, Section 36
Regulation 256
Relevance
Why have we bored you with this?
Incident Investigation
• QANTAS flight QF32
• Airbus A380
Second Leg of London to Singapore
Incident happened overhead Batam Island, Indonesia.
Incident Investigation
• Incident occurred over Batam Island,
Indonesian Airspace.
Incident Investigation
• Incident occurred over Batam Island,
Indonesian Airspace.
• Plane turned around and landed at Changi
Airport, Singapore.
Incident Investigation
• Incident occurred over Batam Island,
Indonesian Airspace.
• Plane turned around and landed at Changi
Airport, Singapore.
• Why ATSB?
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
Incident Investigation
ATSB
• Runs full investigation over
incident.
CASA
Incident Investigation
ATSB
• Runs full investigation over
incident.
• Recommends Rolls Royce
“address safety issues”.
CASA
Incident Investigation
ATSB
• Runs full investigation over
incident.
• Recommends Rolls Royce
“address safety issues”.
• Unimpressed with Rolls
Royce’s steps. Consults with
CASA.
CASA
Incident Investigation
ATSB
• Runs full investigation over
incident.
• Recommends Rolls Royce
“address safety issues”.
• Unimpressed with Rolls
Royce’s steps. Consults with
CASA.
CASA
• Issues maintenance
direction to Qantas under
Regulation 38 of the Civil
Aviation Regulations 1988.
Incident Investigation
ATSB
• Runs full investigation over
incident.
• Recommends Rolls Royce
“address safety issues”.
• Unimpressed with Rolls
Royce’s 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.”
– Regulation 38 of the Civil Aviation
Regulations 1988
Incident Investigation
• QANTAS immediately grounds A380 fleet.
Incident Investigation
• QANTAS immediately grounds A380 fleet.
• QANTAS lifts grounding with permission from
CASA.
Incident Investigation
• ATSB Investigates and Recommends
Incident Investigation
• ATSB Investigates and Recommends
• CASA Enforces
References - Intro
• http://www.atsb.gov.au/publications/2013/ar2013-067.aspx
• http://www.atsb.gov.au/aviation/aviationsafety.aspx
• http://www.atsb.gov.au/publications/safetyinvestigation-reports.aspx?mode=Aviation
• http://img2.wikia.nocookie.net/__cb2007043
0015343/uncyclopedia/images/4/49/Qantas_
Plane_Crash.jpg
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References –
ATSB/CASA
http://www.atsb.gov.au
http://www.casa.gov.au
http://www.comlaw.gov.au
Civil Aviation Act 1988
Civil Aviation Regulations 1988
Civil Aviation Safety 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]
• Transport Safety Investigation Act 2003, Available
at http://www.austlii.edu.au/au/legis/cth/consol_act/tsia2003374/
[Accessed 26 August 2014]
• Civil Aviation Regulations 1988, Available
at http://www.austlii.edu.au/au/legis/cth/consol_act/tsia2003374/
[Accessed 26 August 2014]