Statement of Expectations for the Australian Transport Safety Bureau for the Period 1 July 2021 to 30 June 2023

Overview

The Statement of Expectations for the Australian Transport Safety Bureau for the period 1 July 2021 to 30 June 2023, made by Michael McCormack, the Minister for Infrastructure, Transport and Regional Development, sets forth the government's expectations for the ATSB's operations and performance during this period. This notifiable instrument, replacing the previous SOE issued in 2019, provides a strategic direction for the ATSB under section 12AE of the Transport Safety Investigation Act 2003. The policy objective is to ensure that the ATSB effectively carries out its functions in line with the Act, the Public Governance, Performance and Accountability Act 2013, and other relevant legislation, while maintaining efficient, effective, economical and ethical use of resources and upholding the values of the Australian Public Service. The SOE outlines specific expectations in areas such as governance, approach to delivering core functions, key initiatives, and stakeholder engagement. These include the prioritisation of transport safety, collaboration with international and domestic stakeholders, and the implementation of recommendations from the Australian National Audit Office. The ATSB is also expected to maintain its role as a global leader in transport safety investigation, research and analysis, and to foster public awareness and education on transport safety to influence positive safety action. The Minister's expectations aim to support continuous improvement in transport safety and the ATSB's reputation as a best practice safety investigation agency.

Scope and Application

The Statement of Expectations for the Australian Transport Safety Bureau (ATSB) for the period 1 July 2021 to 30 June 2023 sets out the strategic direction for the ATSB, formalising the expectations concerning its operations and performance. This instrument applies to the ATSB and replaces the previous SOE issued on 18 July 2019, establishing a new SOE under section 12AE of the Transport Safety Investigation Act 2003. The ATSB, as the national transport safety investigator, is expected to perform its functions in accordance with the Transport Safety Investigation Act 2003, the Public Governance, Performance and Accountability Act 2013, and other relevant legislation, ensuring efficient, effective, economical and ethical use of resources following best practice principles and guidelines. The conduct and values of the ATSB should be consistent with that of the Australian Public Service. The Chief Commissioner and Commissioners of the ATSB are expected to work towards enabling the effective operation of the ATSB, providing timely advice to the Government when costs of necessary investigation activities are likely to exceed established budget levels, and keeping the Secretary of the Department of Infrastructure, Transport, Regional Development and Communications and the Minister for Infrastructure, Transport and Regional Development informed of the ATSB’s actions and any events or issues that may impact its operations. The ATSB is also expected to perform its functions consistent with Australia’s international obligations where appropriate, including the requirements of the International Civil Aviation Organization, and to implement any recommendations of the Australian National Audit Office. The Statement of Expectations covers key initiatives such as implementing effective workforce planning, providing for a centre of excellence for transport safety investigation, collaborating with other countries to improve accident investigation capability and consistency with international protocols, supporting the Government’s transport safety objectives in the Asia-Pacific region, enhancing research activities into areas which provide the most significant prospects of improving transport safety for the greatest public benefit, engaging closely with aviation, rail and maritime regulators to ensure appropriate sharing and use of safety information, supporting the Department and the States and Territories to ensure the national rail safety regulation and investigation reforms provide an effective framework for rail safety investigation, and being prepared to provide input into Government inquiries reviewing the ATSB’s jurisdiction across different modes of transport. The ATSB is also expected to undertake effective and ongoing engagement with industry, work closely with the Department and other Government agencies to deliver integrated and comprehensive safety advice, and communicate with stakeholders regularly with targeted messaging through appropriate mediums. The ATSB’s application extends to all transport safety investigations within Australia and its territories, and it is subject to the jurisdiction of the Commonwealth. The Statement of Expectations does not contain any exclusions, exemptions, or thresholds, but it may be extended or restricted through subordinate instruments.

Key Provisions

The Statement of Expectations for the Australian Transport Safety Bureau (ATSB) for the period 1 July 2021 to 30 June 2023 sets out the operational and performance expectations of the ATSB, providing a strategic direction in line with the Transport Safety Investigation Act 2003 and the Public Governance, Performance and Accountability Act 2013 (sections 1-2). The ATSB is expected to perform its functions in a manner that aligns with Australia’s international obligations, including those of the International Civil Aviation Organization, and to implement recommendations from the Australian National Audit Office (section 2). Furthermore, the ATSB is required to focus on transport safety as its highest priority, particularly investigations that offer the greatest public benefit, while maintaining operational independence and being an active participant in the transport policy and regulatory framework (section 3). The key initiatives outlined in the SOE include effective workforce planning, developing partnerships for a centre of excellence in transport safety investigation, collaborating with international partners, and enhancing research activities that significantly improve transport safety (section 4). The ATSB must also engage effectively with industry and government agencies to deliver integrated safety advice and maintain a strong reporting culture (section 5). The obligations imposed on the ATSB by this Statement of Expectations include ensuring timely advice to the government on budget implications, keeping the Minister and the Department informed about actions and events impacting operations, and providing quarterly progress reports against the Corporate Plan (section 2). The ATSB must also remain an active participant in the transport policy and regulatory framework, working closely with various stakeholders, including regulatory bodies and the transport industry (section 3). Additionally, the ATSB is required to implement workforce planning, develop partnerships for a centre of excellence, collaborate internationally, and enhance research activities to improve transport safety (section 4). The ATSB must continue to engage effectively with industry, government agencies, and other stakeholders to deliver comprehensive safety advice and ensure a strong reporting culture (section 5). Breaches of the obligations outlined in this Statement of Expectations may lead to various consequences. While the document does not explicitly detail specific offences or penalties for non-compliance, failure to meet these expectations could potentially impact the ATSB’s reputation and effectiveness in its role as the national transport safety investigator. The ATSB’s non-compliance with international obligations or failure to implement recommendations from the Australian National Audit Office might also lead to diplomatic or regulatory repercussions. Additionally, the ATSB’s inability to effectively engage with stakeholders could hinder its ability to deliver integrated safety advice and influence positive safety action, potentially affecting overall transport safety in Australia.