Air Navigation Amendment Act 1984

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No. 69 of 1984

An Act to amend the Air Navigation Act 1920

[Assented to 25 June 1984]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Air Navigation Amendment Act 1984.

(2) The Air Navigation Act 19201 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. After section 27 of the Principal Act the following section is inserted:

Evidence of cockpit voice recordings

“27a. (1) A cockpit voice recording made during the flight of an aircraft operated by an Australian operator is not admissible in evidence in any criminal proceedings in an Australian court against a crew member.

“(2) Subject to sub-section (4), a cockpit voice recording made during the flight of an aircraft operated by an Australian operator is not admissible in evidence in any civil proceedings in an Australian court.

“(3) A party to proceedings in an Australian court for damages in respect of personal injury, death or damage to property may, at any time before the determination of the proceedings, apply to the court in which the proceedings have been instituted for an order that a cockpit voice recording, or part of a cockpit voice recording, made during the flight of an aircraft be admissible in evidence in the proceedings.

“(4) Where an application is made to a court under sub-section (3), the court shall examine the cockpit voice recording and, if it is satisfied, after hearing such argument (if any) as it considers necessary from the legal representatives of the parties to the proceedings—

(a) that, if the other evidence available to the court in the proceedings is the only evidence so available, a material question of fact in the proceedings will not be able to be properly determined;

(b) that the cockpit voice recording, or a part of the cockpit voice recording, if admitted in evidence in the proceedings, will assist in the proper determination of that material question of fact; and

(c) that, in the circumstances of the case, the public interest in the proper determination of that material question of fact outweighs the public interest in protecting the privacy of members of crews of aircraft,

the court may order that the cockpit voice recording, or that part of the cockpit voice recording, be admissible in evidence in the proceedings and, where the court makes such an order, the cockpit voice recording or that part of the cockpit voice recording is, notwithstanding sub-section (2), admissible in evidence in the proceedings.

“(5) The only persons who may be present at an examination by a court of a cockpit voice recording for the purposes of sub-section (4) are—

(a) the person or persons constituting the court, other than the members of the jury (if any);

(b) the legal representatives of the parties to the proceedings; and

“(6) Where a cockpit voice recording, or a part of a cockpit voice recording, made during the flight of an aircraft is, pursuant to sub-section (4), admitted in evidence in proceedings—

(a) the cockpit voice recording, or that part of the cockpit voice recording, is not evidence for the purpose of the determination of the liability in the proceedings of a crew member; and

(b) if there are 2 or more defendants in the proceedings of whom at least one is a crew member and at least one is not a crew member, the cockpit voice recording, or that part of the cockpit voice recording, is evidence for the purpose of determining whether or not any crew member has been negligent, to the extent only that such a determination is relevant to the determination of the liability in the proceedings of any defendant who is not a crew member.

“(7) Where—

(a) a court examines a cockpit voice recording under sub-section (4); or

(b) a cockpit voice recording or part of a cockpit voice recording is admitted in evidence in proceedings pursuant to an order made by a court under sub-section (4),

the court may direct that the cockpit voice recording or the part of the cockpit voice recording, or any information obtained from the cockpit voice recording or part of the cockpit voice recording, shall not be published or communicated to any person, or shall not be published or communicated except in such manner, and to such persons, as the court specifies.

“(8) A person shall not make a publication or communication to any person in contravention of a direction under sub-section (7).

“(9) A person is not entitled to take any disciplinary action against an employee of the person on the ground of a cockpit voice recording or any part of a cockpit voice recording or information obtained from a cockpit voice recording or any part of a cockpit voice recording.

“(10) A person (other than a person who is a Commonwealth officer within the meaning of the Crimes Act 1914) shall not publish or communicate to any person—

(a) a cockpit voice recording or any part of a cockpit voice recording; or

(b) any information obtained from a cockpit voice recording or any part of a cockpit voice recording,

otherwise than in an investigation or inquiry into an accident involving an aircraft conducted pursuant to regulations under the Air Navigation Act 1920 or for the purposes of, or in connection with—

(d) civil proceedings of the kind referred to in sub-section (3).

“(11) Nothing in this section affects the admissibility in any criminal or civil proceedings of evidence of words spoken by a person on the flight deck of an aircraft other than evidence constituted by a recording made by the use of a cockpit voice recorder or by a transcript or summary of such a recording.

“(12) A reference in this section to a cockpit voice recording is a reference to a recording, made by the use of a cockpit voice recorder, of any words spoken during a flight of an aircraft by a person on the flight deck of the aircraft, and includes a reference to any transcript or summary of such a recording.

“(13) A reference in this section to a cockpit voice recording made during the flight of an aircraft is a reference to a cockpit voice recording made during any period (whether before, during or after that flight) in which the cockpit voice recorder was required, by the Air Navigation Regulations or by Air Navigation Orders issued under those regulations, to be operated in connection with that flight.

“(14) In this section, unless the contrary intention appears—

‘Australian court’ means a court in Australia;

‘Australian operator’ means an operator whose principal place of business is in Australia;

‘cockpit voice recorder’ means a device that meets the requirements for cockpit voice recorders that are specified in Air Navigation Orders made under the Air Navigation Regulations;

‘crew member’, in relation to a flight of an aircraft, means a person who, at the time when the flight took place, was employed under a contract of service, or engaged under a contract for services, by the operator of the aircraft and was assigned for duty on the aircraft for the purposes of the flight;

‘operator’ has the same meaning as in the Air Navigation Regulations.

“(15) This section has effect notwithstanding anything in any other law and sub-section (9) also has effect notwithstanding anything in any agreement.”.

NOTE

1. No. 50, 1920, as amended. For previous amendments, see No. 93, 1936; Nos. 6 and 89, 1947; No. 80, 1950; No. 39, 1960; No. 72, 1961; No. 8, 1963; No. 93, 1966; No. 79, 1971; Nos. 130 and 216, 1973; No. 124, 1974; No. 91, 1977; No. 19, 1979; No. 27, 1980; No. 80, 1982; and No. 39, 1983.

Overview

The Air Navigation Amendment Act 1984, enacted by the Parliament of Australia, aims to address the admissibility of cockpit voice recordings in court proceedings, thereby amending the Air Navigation Act 1920. This Act was designed to regulate the use of cockpit voice recordings in both criminal and civil cases, with a focus on balancing the need for transparency in legal proceedings against the privacy concerns of aircrew members. The primary policy objective is to ensure that cockpit voice recordings are not automatically admissible in court but may be considered under specific circumstances where their use is deemed necessary to properly determine material questions of fact, while also protecting the privacy of crew members. This Act provides a framework for courts to assess the admissibility of such recordings on a case-by-case basis.

Scope and Application

The Air Navigation Amendment Act 1984 amends the Air Navigation Act 1920 to introduce specific provisions regarding the admissibility and use of cockpit voice recordings in legal proceedings. This Act applies to Australian operators, defined as those whose principal place of business is in Australia, and to crew members who are employed or engaged by such operators during flights. The legislation pertains to any criminal or civil proceedings in Australian courts and regulates the admissibility of cockpit voice recordings made by cockpit voice recorders during flights. Notably, these recordings are generally inadmissible in criminal proceedings against crew members and civil proceedings unless specific conditions are met and the court grants an order permitting their use. The Act also outlines strict controls on the publication and communication of cockpit voice recordings and information derived from them, protecting the privacy of crew members while allowing for their potential use in certain legal contexts where necessary for the proper determination of material facts. The Act applies nationwide within the Commonwealth of Australia and includes provisions that have effect notwithstanding any other law or agreement, ensuring its provisions are prioritised and enforceable.

Key Provisions

The Air Navigation Amendment Act 1984 introduces significant changes to the handling of cockpit voice recordings in Australian courts, particularly under sections 27a to 27m of the Act. These sections outline the circumstances under which cockpit voice recordings are admissible in both criminal and civil proceedings. According to section 27a(1), a cockpit voice recording is not admissible in criminal proceedings against a crew member. In civil proceedings, such recordings are also generally inadmissible under section 27a(2), except under specific conditions outlined in section 27a(3). A party can apply to the court for the admissibility of a cockpit voice recording if it is deemed necessary for determining a material question of fact and the public interest in its admission outweighs the privacy concerns of the crew members. The court must examine the recording and make a determination based on the criteria set out in section 27a(4). If admitted, the recording can only be used to determine the liability of non-crew member defendants in cases where multiple defendants are involved, as per section 27a(6). Section 27a(7) allows the court to impose restrictions on the publication or communication of the recording or its contents. The Act imposes several obligations on parties involved in legal proceedings where cockpit voice recordings are concerned. Section 27a(3) requires a party to apply to the court for an order admitting a cockpit voice recording if it is necessary for determining a material question of fact. The court, under section 27a(4), must then examine the recording and decide whether to admit it based on the specified criteria. Furthermore, section 27a(7) empowers the court to impose restrictions on the dissemination of the recording or its contents to protect privacy and other public interests. Additionally, section 27a(9) prohibits employers from taking disciplinary action against employees based on information from cockpit voice recordings, while section 27a(10) restricts the publication or communication of such recordings or their contents to authorised contexts only. The Act also sets out specific consequences and penalties for breaches of its provisions. Under section 27a(8), any person who makes a publication or communication of a cockpit voice recording in contravention of a court direction is liable for penalties. Similarly, section 27a(10) imposes penalties on individuals who publish or communicate cockpit voice recordings or information derived from them outside of the permitted contexts. The exact penalties are not specified in the text, but typically such breaches could lead to fines or other legal sanctions. The Act ensures that its provisions, particularly those in sections 27a(9) and 27a(10), have overriding effect despite any other laws or agreements, underscoring the seriousness with which it treats unauthorised disclosures of cockpit voice recordings.

Area of Law: Commercial Law
Instrument: Act
Concepts: Definitions & Interpretation; Evidence Law; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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