Senator O'Brien asked the Minister for Transport and Regional Services, upon notice, on 21 April 1999:

(1) Is the Bureau of Air Safety Investigation (BASI) required to fully investigate all confidential aviation incident reports (CAIRs).

(2) Was a CAIR submitted to BASI concerning a breakdown in separation, on 28 January 1999, between a Cessna twin-engine aircraft, which was in cloud on final approach for runway 15 at Cairns and a Navajo aircraft, which was turned in front of the Cessna by Cairns air traffic control (ATC).

(3) Did BASI immediately move to ensure that the Cairns radar tapes relating to the above incident were secure so they would be available for its investigation; if not, why not.

(4) Did BASI immediately advise Airservices Australia (ASA) of the incident; if so, when was ASA contacted; if not, why not.

(5) Did BASI interview any of the ATC staff at Cairns who were on duty at the time of the incident and the pilots of the aircraft involved; if not, why not.

(6) (a) Did the ATC manager at Cairns Airport advise the BASI investigator that the incident did not require further investigation; and (b) what was the investigator's response to that advice.

(7) Did BASI suspend its inquiries into the incident as a result of the advice from the Cairns ATC manager.

(8) Did Cairns ATC management advise controllers at that airport to disregard the CAIR into the breakdown of two aircraft at the airport on 28 January 1999; if so, what was the basis for that advice.

(9) (a) What were the findings of the BASI investigations; and (b) can a copy be provided of both the interim and final BASI reports.

(10) What actions did ASA take following the receipt of the BASI report on the incident at Cairns Airport on 28 January 1999.

Senator Ian Macdonald (Regional Services, Territories and Local Government) —The Minister for Transport and Regional Services has provided the following answers to the honourable senator's questions:

(1) No. The Bureau of Air Safety Investigation (BASI) has advised that Section 19CB of the Air Navigation Act 1920 (the Act) determines the Director's powers to investigate accidents etc., in particular, Sub Section 19CB(2), does not impose on the Director [of BASI] any duty to investigate a particular accident, serious incident, incident or safety deficiency. Sub Section 19CB(3) of the Act determines that the Director is not subject to any liability whatever for failing to investigate a particular accident, serious incident, incident or safety deficiency.

(2) Yes. BASI has advised that a CAIR report was received on 3 February 1999. The report mainly concerned local Cairns ATC management issues, but also alleged a breakdown in separation standards on 28 January 1999 near Cairns. The report did not provide sufficient information to identify the aircraft allegedly involved.

(3) No. BASI has advised that other than the CAIR report received on 3 February 1999 alleging a breakdown of separation standards, no incident reports had been received from pilots or air traffic controllers reporting the same occurrence. (Had a breakdown in separation standards occurred, incident reports would have been expected from the pilots and air traffic controllers involved as it is a requirement under the Act that occurrences involving a breakdown in separation standards are immediately notified to BASI.) On 18 February the CAIR reporter was interviewed, and the breakdown in separation standards issue was raised. Based on the information provided in that interview, the radar and audio tapes were requested from Airservices Australia. The recorded radar data was not available as the tapes had since been recycled in accordance with normal operational practice. Information gained from recorded audio transmissions could not corroborate the reported breakdown in separation.

(4) BASI has advised that the existence of a CAIR report was briefly mentioned to the Manager of Air Traffic Services Cairns in early February 1999 during a conversation on another matter. Airservices advises that it was not provided with sufficient detail to take any action until 18 February when a request was received from BASI for audio and radar tapes.

(5) BASI has advised that the Manager of Cairns ATC, the Tower and Terminal Control Unit "Stream Specialists" and the CAIR reporter were interviewed a number of times. The CAIR report did not provide sufficient information to identify the aircraft allegedly involved.

(6) No.

(7) No.

(8) No. ATC management reiterated to controllers the requirement to report any incidents.

(9) (a) and (b) BASI has advised that its initial inquiries determined that there was insufficient evidence to warrant further investigation.

(10) Upon receipt of information pertaining to the CAIR report alleging a breakdown of separation Cairns Airservices management immediately commenced a preliminary investigation.