Additional Comments by Senator Xenophon
1.1
In recent months I have been contacted by dozens of pilots and crew
members who are concerned about the lowering of standards and the quality of
training and the impact this may have on safety in the skies.
1.2
One pilot said to me: "Better a Senate Inquiry now, than a Royal
Commission later", and while that may sound dramatic, that sums up just
how serious the concerns are.
1.3
There are very real issues here to do with aviation safety and this
Inquiry has been useful to uncover many of these and to recommend crucial
reforms.
1.4
Every day, tens of thousands of people put their trust
in pilots to get them from 'Point A' to 'Point B' safely in Australia,
and with the advent of low-cost carriers it's fair to say more and more people
are flying more and more often.
1.5
This shift towards low-cost models has meant that airlines are trying to
trim costs wherever they can. We need to ensure that this does not affect
safety standards.
1.6
Just because flights are getting cheaper does not mean standards should
fall. Safety in the skies is something that cannot be chanced.
1.7
Australia's aviation reputation internationally is an exemplary one. And
we need to do whatever it takes to ensure that this remains the case.
1.8
However, the culture within parts of the industry is currently one of
fear of retribution for speaking out over safety concerns.
1.9
While this culture exists, and while pilots and crew are afraid to speak
out about their concerns because of the repercussions it may have on their job,
issues such as the quality of training and safety standards cannot be
addressed.
1.10
It was not my intention as mover of the Bill to give blanket immunity
for deliberate, reckless or grossly negligent violations of aviation safety
standards under Clause 19A(2) of the Bill; rather, the intent is to enforce
'just culture' so that prosecution or punishment will not follow reports of
un-premeditated or accidental breaches of regulations.
1.11
It should also be noted that the intention of the Bill is also not to
impede or interfere with the taking of genuine safety-related actions.
1.12
Accordingly, Clause 19A(2) should be passed with amendment, such that:
(a)
Ensure legitimate safety actions in all circumstances where a report has
been made; and,
(b)
To qualify the protection to exclude deliberate, reckless or grossly
negligent conduct.
1.13
Furthermore, in relation to the ATSB's comments that Clause 19A(1) may
already be covered under the Criminal Code, there is still some ambiguity under
the current Code and the proposed amendment would assist in removing that
ambiguity.
Recommendation
The committee recommends that the Transport Safety
Investigation Amendment (Incident Reports) Bill 2010 be passed with amendments
to remove any ambiguity with regards to deliberate, reckless or grossly negligent
violations of aviation safety standards.
Nick Xenophon
Independent Senator for South Australia
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