Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 4Part 4 : Reporting on Completion of any Aircraft Accident or Aircraft Incident Investigation42. Rights of affected parties, making representations and publication of report |
| (1) | On completion of any investigation, the Aviation Safety Investigation Board must prepare and make available to the public a report on its findings, including any safety deficiencies that it has identified and any recommendations that it considers appropriate in the interests of aviation safety. |
| (2) | Before making public a report under subsection (1) the Aviation Safety Investigation Board must— |
| (a) | send a copy of the draft report on its findings and any safety deficiencies that it has identified to each department and any other person who, in the opinion of the Aviation Safety Investigation Board, has a direct interest in the findings of the Aviation Safety Investigation Board; |
| (b) | give that department or interested person a reasonable opportunity to make representations to the Aviation Safety Investigation Board with regard to the draft report before the final report is prepared; and |
| (c) | comply with the provisions of Annex 13 to the Convention. |
| (3) | The period for submission of any representations must be not less than 60 days. |
| (4) | No person may communicate or use the draft report or permit its communication or use for any purpose, other than the taking of remedial measures, not strictly necessary to the study of, and preparation of representations concerning, the draft report. |
| (5) | The Aviation Safety Investigation Board must provide an interim report on the progress and findings of an investigation— |
| (a) | on written request made in respect of that investigation, to any Minister responsible for a department having a direct interest in the subject matter of the investigation; and |
| (b) | to any coroner investigating the aircraft accident or aircraft incident, where the aircraft accident or aircraft incident involved a fatality and significant progress has been made in the Aviation Safety Investigation Board's investigation. |
| (6) | A person, other than a Minister of a department, who is provided with an interim report under subsection (5) must not use the report or permit its use for any purpose not strictly necessary to the examination of the report. |
| (7) | The Aviation Safety Investigation Board must reconsider its findings and recommendations pursuant to an investigation that it has conducted under this Act where, in its opinion, new material facts appear. |