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TRANSPORT SAFETY INVESTIGATION (VOLUNTARY AND CONFIDENTIAL REPORTING SCHEME) REGULATION 2012 - REG 17

Named person or organisation to comment on report

  (1)   This section applies if the ATSB proposes , in the interest s of transport safety, to give information from a report to a transport safety authority or an emergency services organisation .

  (2)   Before giving the information to the transport safety authority or an emergency services organisation , the ATSB must:

  (a)   give a copy of the report that satisfies the requirements of section   1 6 to any person or organisation mentioned in the report; and

  (b)   invite the person or organisation to comment on the report within 5 business days after receiving the report .

Note:   business day is defined in the Acts Interpretation Act 1901 .

  (3)   However, the ATSB is not required to give a copy of the report to a person or organisation if the ATSB reasonably believes that:

  (a)   giving a copy of the report to the person or organisation is likely to :

  (i)   reduce reporting under the REPCON scheme ; or

  (ii)   reduce the ability of the ATSB to achieve a purpose of the REPCON scheme; or

  (b)   it is not practicable to comply with subsection   ( 2).

Example for paragraph   ( b)

Waiting 5 business days for a response from the person or organisation would mean an urgent safety issue , or an emergency, could not be addressed .

  (4 )   The ATSB must take into account any comments made by the person or organisation when deciding whether to give information from a report to a transport safety authority or an emergency services organisation .



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