AustraliaAn aircraft accident occurred but the ATSB report can't be used in court proceedings. Why?
The ATSB report is inadmissible in court because Australian law explicitly prohibits its use as evidence to assign blame or liability in legal proceedings.
What the Law Says
Australian law expressly prevents ATSB investigation reports from being used in court to apportion fault or liability. This rule supports open, honest reporting by removing fear of legal consequences.
The Transport Safety Investigation Act 2003 (Cth) establishes the Australian Transport Safety Bureau (ATSB) and governs how its findings may be used.
Section 65(1) makes it clear that an ATSB report, or any information obtained during an ATSB investigation, cannot be admitted as evidence in legal proceedings — whether civil, criminal, or administrative — if the purpose is to assign blame, determine liability, or prove fault.
This prohibition applies broadly: it covers not just the final report, but also draft reports, statements made to investigators, and data collected during the investigation.
The law allows limited exceptions — for example, using ATSB material in proceedings *about* the investigation itself (e.g., challenging the ATSB’s conduct), but never to support claims of negligence or breach of duty.
Statutory TextEvidence of a matter contained in a report prepared by the ATSB under this Act is not admissible in any legal proceeding if the matter is relevant to determining liability in respect of the matter to which the report relates.
— Transport Safety Investigation Act 2003, s. 65(1) — Inadmissibility of reports
Statutory TextThe object of this Act is to provide for the independent investigation of transport safety matters in order to improve transport safety and prevent future accidents.
— Transport Safety Investigation Act 2003, s. 3 — Object of Act
What to Do
Rely on independent expert evidence — not the ATSB report — to support claims about cause or liability.
If you need factual details about the accident, request raw data (e.g., flight data recorder files) separately — some may be admissible if obtained outside the ATSB investigation process.
Check whether the ATSB has released supporting documents with consent (e.g., redacted witness statements) — these remain inadmissible unless independently verified and tendered through proper evidentiary channels.
Consult a lawyer experienced in aviation or transport law before filing or defending claims arising from an aircraft accident.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.