AN IMPORTANT AMENDMENT TO THE

TRANSPORT SAFETY INVESTIGATION BILL 2002

The Transport Safety Investigation Bill has the support of both the Government and the Opposition.  Consultation was conducted in smoke-filled rooms, behind closed doors, and AIR SAFETY AUSTRALIA was excluded.   The official reason given by ATSB for excluding AIR SAFETY AUSTRALIA was "because ASA is not a major aviation organisation".  Yet the Member for Barker, speaking in Parliament, devoted half his speech to AIR SAFETY AUSTRALIA and described Boyd Munro as "someone who holds a very important position within the aviation community".  The real reason AIR SAFETY AUSTRALIA was excluded was the risk that, instead of joining in the orgy of mutual flattery in the meeting room, we would rush off and tell our members just what the government was planning to do to them.

The Minister, John Anderson, made the fundamental mistake of delegating the consultation process to the ATSB, the organisation with most to gain from this Bill because it will give them LOTS OF POWER.  Naturally enough the ATSB then "consulted" behind closed doors with reliable people who could be relied upon not to object, or at least not to warn their grass-roots members what was coming down the barrel at them.

Thus the stage is set for pilots' interests to be sacrificed before they even know what is happening.

 Therefore the amendment moved by the Independents is of great importance.  It does this:

• Reduces the penalty for copying a draft ATSB report from 2 years jail to a fine of about $2000;
• More importantly, opens up the Bill for genuine debate.

TEXT OF THE AMENDMENT

(Amendment to be moved by Mr Andren) 

(1) Insert after section 26(2)(a) make a copy of the whole or any part of the report; 

Maximum penalty: 20 penalty units.

The substance of the amendment is also important. The Bill as presented to the Parliament calls for a sentence of 2 years' jail for merely copying a draft ATSB report. There is a separate 2-year penalty for disclosing such a report.

It is hard to see what harm can possibly be done if a person copies a draft report but does not disclose it. That doesn't mean there is definitely no harm - but that is exactly the kind of thing that a genuine consultation process will discover.  There was no mention of the penalty for copying (as opposed to disclosing) a draft report in either the Explanatory Memorandum or in the second reading speech.  In addition AIR SAFETY AUSTRALIA wrote to the government's speakers before the debate on 19th September 2002 asking them to explain why such a penalty was needed, and none did.  If there is some harm that can be done by just copying, it's an awfully closely-guarded secret.

On the other hand, it is very easy to see many ways in which that penalty could produce terrible injustice.  Here is just one example.

HOW THE 2 YEAR PENALTY COULD BE MISUSED

Just imagine the scene. You are in Africa, Adaminaby, Adelaide or Albuquerque when your secretary rings up from your office in Alice Springs.

Secretary:                                       "I've just received a draft ATSB report , it looks important. Do you want me to fax it to you?"
You                                                  "Yes, please, I'll stand beside the fax machine here and wait for it".

Next day, at your office in Alice Springs

Inspector Goodguy:                        "I am Inspector Goodguy from ATSB, and this is Inspector Badguy. We're here to speak to Mr. Bendover about the draft ATSB report" (In fact they not only know you area away, they have waited for that moment to pounce.)
Secretary:                                          "I'm sorry, but Mr Bendover is in Africa. I faxed it to him yesterday and haven't heard back from him yet."
Inspector Badguy (screaming):     "You did WHAT? It's a very serious offence to fax a draft report - in fact it's worth 2 years in jail. I'll deal with you, you scofflaw. I'm going to go out to the car right now to write a report."
Secretary (sobbing):                         "What does he mean, 2 years' jail just for faxing a draft report.  What's wrong with that?  What will happen to my children while I'm in jail?"
Inspector Goodguy (gently):           "I'm sorry, dear. Sometimes Inspector Badguy doesn't realise how much he worries people.   He focuses so much on his task that he can ignore the human flesh and blood.  As a prosecutor that's his job.  I'm sure you meant no wrong - but it IS a very serious offence, you know. All we came here for was to talk with Mr. Bendover in a friendly fashion and have a bit of a look through a few of his files and his computer, and now we find Mr. Bendover isn't here.  .If you give us total co-operation with examining his files and his computer,  I'll recommend to Inspector Badguy that he tear up that report.  Nothing bad will happen to Mr.  Bendover is any case, because the ATSB  is a friendly no-blame organisation.

That story may sound far-fetched.  But this Bill makes it entirely possible.  And there are many who have been dealt with by CASA who won't even find it far-fetched.  An organisation equipped with excessive power will use it.

WHAT IS NEXT? ISN'T THIS A LOST CAUSE WITH ONLY 3 ON OUR SIDE AND 147 AGAINST US?

The next step is for the amendment to be debated, probably in the week of 23rd September 2002.  There will then be a vote on it.

At present (22nd September 2002) we only have 3 MPs on our side against 147 on the other side.  What's worse, all the other aviation organisations have been silenced by the hospitality juice that obviously flowed during "consultation". So it seems a Quixotic struggle - completely hopeless. But it is not. Every MP who votes against this amendment knows he or she will then face howls of outrage from his or her constituents. MPs, even those in safe seats, are sensitive to howls of outrage so the amendment might pass by default. Our chances are slim - but we're not beaten yet. Look at the speech by the Member for Barker on www.airsafety.com.au if you doubt how powerful well-researched howls of outrage can be. Amongst other things he said "It angers me to think that I now have to justify to my constituency why I want  to  support  this  piece  of  legislation ". Presumably the Member for Barker thinks that the outrageous penalty of 2 years jail for copying a draft report should have gone through on the quiet buried in the middle of this huge Bill. What it really shows is just how effective a well-aimed question can be. The Member for Barker, and every other MP, know that howls of outrage are coming their way if they vote for this Mugabian penalty.

WHAT CAN YOU DO?

You can ring up your MP in Parliament House and ask him or her to support Mr. Andren's amendment and to recommend to his Party Leader that this Bill be referred for genuine PUBLIC consultation, for example by a Senate Committee.

Call Parliament House on 02 6277 7111 and ask for your Federal Member by name, or ask for the Member for your electorate.  If you do not know the name of your Federal Electorate, call the AEC on 13 2326 and ask what it is - and then ring your member.. Ring at any time after 8:00am on Monday 23rd September or later in the week between 8:00am and 9:00pm Monday to Thursday.

For full details of the Transport Safety Investigation Bill please see
www.airsafety.com.au/trinvbil

If you can't call your MP, please fax him or her.  Call us on 08 8276 4600 and we'll send you a suggested form which you can fill in and fax off.