In this episode, hosts Grenville Hudson and Catherine Harvey sit down with aviation lawyer Tony Power of Just Culture Consulting to explore one of the most pressing issues in modern aviation safety: the growing trend of criminalising honest mistakes. Tony explains what Just Culture actually means and how it differs from a "no accountability" approach. He argues that blaming the person at the sharp end, such as the pilot, the controller, or the engineer, usually misses the real story. The episode shows how Australia's regulators, the Civil Aviation Safety Authority (CASA) and the Australian Transport Safety Bureau (ATSB), try to protect people who speak up, and where gaps in that protection still exist. The back half of the episode digs into real cases, including a recent Queensland prosecution that ended in a jail sentence. It asks a hard question: if pilots fear prosecution for an honest mistake, will they ever feel safe enough to admit one? _______________________________________________________________________________________ Upcoming Training: Making Your Safety Management System Operational The SMS compliance deadline is 1 September 2026. Operators who are not ready risk serious regulatory consequences. Here are the course details: What: Hazard identification, safety reporting, and auditing — plus much more Who: Safety managers, accountable managers, and Part 121, 135, and 138 operators When: One-day online course running 10 July and 24 July 2026 Book your seat at aviationsafetycommunity.com.au _______________________________________________________________________________________ Links & Resources CASA's Just Culture Directive: explains when CASA will and will not pursue administrative action or prosecution against individuals and organisations. Tony discusses this in detail during the episode. ATSB: Australia's no-blame accident investigation body, referenced throughout the episode. EUROCONTROL: mentioned as a leader in educating judges and prosecutors across Europe on Just Culture principles. The Kegworth air disaster (UK): used as a case study showing how training gaps and system failures, not just pilot error, shape accident outcomes. Cases discussed South Korean Air Force pilots were charged with criminal negligence following a training exercise bombing error. A UK commercial captain was charged after a missed radio frequency change led to a military intercept. The 2017 Queensland beach landing accident involved pilot Mr Woodall, who was convicted of dangerous flying after an engine failure and received a suspended jail sentence. Guest Info Tony Power is a lawyer and the founder of Just Culture Consulting. He helps aviation organisations and regulators build fair, transparent, and effective approaches to safety reporting and accountability. Website: justculture.com.au LinkedIn: Just Culture Consulting Facebook: Just Culture Consulting Instagram: @justcultureconsulting X: @justcultureAUS Timestamps / Chapters Times are approximate, based on the conversation flow. 00:00: Welcome and introduction to Tony Power and today's topic 02:00: What Just Culture means and how it fits inside an organisation 06:30: Moving from a blame mindset to a learning mindset in investigations 09:00: The skills investigators need to apply Just Culture well 11:00: Where Just Culture and the criminal justice system clash 14:00: How media language shapes public blame 16:30: The Kegworth case and why "pilot error" rarely tells the whole story 19:00: How CASA and the ATSB apply Just Culture in practice 21:00: Breaking down CASA's Just Culture Directive: administrative action versus prosecution 25:00: Case study: South Korean Air Force pilots charged after a training error 27:00: Case study: UK captain fined after a missed radio frequency 29:00: Case study: the Queensland beach landing accident and Mr Woodall's prosecution 34:00: How organisations can support staff facing criminal exposure 37:00: Final thoughts on the case for decriminalising honest mistakes in aviation _______________________________________________________________________________________ Don't forget: Making Your Safety Management System Operational The SMS compliance deadline is 1 September 2026. Operators who are not ready risk serious regulatory consequences. If you have not booked your place yet, head to aviationsafetycommunity.com.au _______________________________________________________________________________________ Next Steps Subscribe so you do not miss an episode, and join us at our next Safety Leadership Forum to keep building a stronger Just Culture across the industry. Subscribe: Aviation Safety Community | LinkedIn | Facebook Safety Leadership Forum: Join us at our next Safety Leadership Forum _______________________________________________________________________________________ About Aviation Safety Community Aviation Safety Community is a dedicated platform for aviation professionals who want to build their knowledge and application of safety management practices. We bring the industry together through Safety Leadership Forums, online training, and aviation-focused safety research. Our mission is simple: safe aviation outcomes through knowledge. Connect with us Website: aviationsafetycommunity.com.auLinkedIn: Aviation Safety CommunityFacebook: Aviation Safety CommunitySafety Leadership Forum: Join us at our next forumSubscribe If you found this episode useful, subscribe so you never miss one. And if you have a moment, leaving a review on Apple Podcasts or Spotify helps other aviation professionals find the show. Disclaimer The views expressed in this podcast are those of the hosts and guests and do not constitute legal, regulatory, or professional advice.
