Singapore legislation

Clause 9

of Transport Safety Investigations Bill

Clause 9

Functions of TSIB

(1)

The function of the TSIB is to improve transport safety by means that include the following:

(a)

receiving and assessing reports of reportable matters, and other safety information that is prescribed;

(b)

independently investigating transport occurrences;

(c)

reporting publicly on those investigations;

(d)

identifying factors that —

(i)

contribute, or have contributed, to transport occurrences; or

(ii)

affect, or might affect, transport safety;

(e)

communicating those factors to relevant sectors of the transport industry and the public in any way, including in any one or more of the following ways:

(i)

by making safety action statements;

(ii)

by making safety recommendations;

(iii)

by issuing safety advisory notices;

(f)

conducting public educational programmes about matters relating to transport safety;

(g)

any other means as appear to the Director to be incidental, advantageous, necessary or convenient for the TSIB to carry on for or in connection with the performance of its functions and the discharge of its duties under this Act.

(2)

In addition, the TSIB has the following functions:

(a)

cooperating and coordinating with a public authority that has functions or powers relating to transport safety or functions affected by the TSIB’s function of improving transport safety;

(b)

cooperating and coordinating with an appropriate foreign authority, or any other body of a foreign country that has functions or powers relating to transport safety, including taking evidence on their behalf;

(c)

coordinating and directing all investigations mentioned in subsection (1)(b) and determining which other parties (if any) should be involved in such investigations;

(d)

doing anything incidental, advantageous, necessary or convenient to the TSIB’s function of improving transport safety.

(3)

However, the following are not functions of the TSIB:

(a)

to apportion blame for any transport occurrence;

(b)

to provide the means to determine the liability of any person in respect of any transport occurrence;

(c)

to assist in court proceedings or other proceedings between parties (except as provided by this Act, whether expressly or impliedly);

(d)

to allow any adverse inference to be drawn from the fact that a person was involved in a transport occurrence,and even though blame or liability may be inferred, or an adverse inference may be made, by a person other than the TSIB, this does not prevent the TSIB or any of its personnel from carrying out its functions under this Act.

(4)

To avoid doubt, subsection (3) does not prevent the prosecution of any offence under this Act.

(5)

Nothing in this section imposes on the Director or the TSIB, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Director or the TSIB would not otherwise be subject.

Read in full context — Transport Safety Investigations Bill →