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Draft report and consultation
The investigation team starts drafting the inquiry report after the Commissioners have considered the analysis and confirmed the direction of the findings and potential recommendations. The Commissioners deliberate on the draft report and, if satisfied, approve the draft report for consultation with interested parties.
Drafting Process
The drafting process involves extensive internal peer review and analysis.
The Commissioners may consider the draft report more than once before approving it for confidential consultation with legally entitled individuals and organisations.
Consultation
Consultation takes place under special legal protections to ensure natural justice, accuracy and completeness can be achieved in the final report, without any person of organisation being unfairly treated by the contents of a draft report (which may change).
The time made available for consultation can vary between three and six weeks depending upon the complexity of the inquiry and whether overseas interests are involved.
The Commission’s final report will: set out and analyse the facts of the event, identify contributing factors, identify safety issues, lessons, note safety actions taken since the event, and make findings and recommendations to help avoid something similar happening again. A Commission report includes only information that is necessary for the purpose of the report.
If the report mentions an individual, it will be by their role and not by name. This is because, while we explain, we do not blame.
The Commission produces its final report after confidential consultation on the Draft Report. If the Draft Report states or implies that a person’s conduct contributed to the cause of the accident or incident, then the Commission will give that person or their formal representative the opportunity to comment.
When it approves the Draft Report, the Commission specifies who it must consult under the TAIC Act (section 14(5)).
When sending the document for consultation, the Commission provides formal guidance on how recipients must handle the IN-CONFIDENCE document – for example, there will be restrictions on who may see it and discuss it. This is to ensure everyone complies with the strict legal requirements protecting draft reports. These protections never expire, even after a final report is published.
Depending upon the circumstances and content, similar consultation may take place for any urgent recommendations or interim reports issued while the inquiry continues.