AustraliaThere was a transport accident but no investigation was launched. Can I request one?
In most Australian states, you cannot directly request a formal transport accident investigation — only authorised agencies (like police or transport safety bodies) can initiate one, and only if specific legal thresholds are met.
What the Law Says
Transport accident investigations in Australia are governed by state-based transport safety laws and federal aviation/rail legislation. There is no general legal right for members of the public to demand an investigation. Investigations are initiated only when statutory criteria — such as fatality, serious injury, or systemic risk — are met, and only by designated authorities.
In Victoria, the Transport Accident Investigation Unit (TAIU) under the Transport Integration Act 2010 may investigate if an accident involves death, serious injury, or a significant safety concern. However, the decision rests solely with the Chief Investigator — not with affected individuals.
In New South Wales, the Transport Administration Act 1988 gives Transport for NSW and NSW Police discretion to investigate incidents involving five or more injuries or major infrastructure damage — but no provision allows private citizens to compel such action.
At the federal level, the Australian Transport Safety Bureau (ATSB) investigates aviation, rail, and marine accidents under the Transport Safety Investigation Act 2003. Section 26 states: 'The ATSB must investigate an accident if it involves a fatality or serious injury, or raises significant safety concerns.' It does not permit external requests to trigger investigations.
Statutory TextThe ATSB must investigate an accident if it involves a fatality or serious injury, or raises significant safety concerns.
— Transport Safety Investigation Act 2003, s. 26 — Duty to investigate accidents
Statutory TextAn investigation may be conducted by the Chief Investigator into a transport safety matter if the Chief Investigator considers that the matter raises a significant safety concern.
— Transport Integration Act 2010 (Vic), s. 179 — Power to investigate
What to Do
Report the accident immediately to local police (within 24 hours if required by your state’s road rules)
Contact the relevant state transport safety authority (e.g., TAC in Victoria, TfNSW in NSW) to provide information — though this does not guarantee an investigation
If the incident involved aviation, rail, or shipping, report it to the Australian Transport Safety Bureau (ATSB) via their online portal
Seek legal advice if you believe systemic safety failures were involved — while you cannot compel an investigation, evidence you provide may inform an agency’s discretionary decision
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.