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 2026Book 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.au
- LinkedIn: Aviation Safety Community
- Facebook: Aviation Safety Community
- Safety Leadership Forum: Join us at our next forum
Subscribe
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.
