Rail owners, operators, track access providers, and other 'responsible persons' are obliged, under the Transport Safety Investigation Act and Regulations 2003, to report any accident (or 'immediately reportable matter') as soon as practicable to the ATSB, by the quickest means possible. Recognising the practical difficulties of reporting to a number of separate authorities, the Regulations consider a report to the State or Territory rail safety regulator, to be a report to the ATSB, although the ATSB is a separate organisation. On receipt of a report of a rail safety occurrence, ATSB staff, who are on 24 hour call, decide(s) what action will be taken.

Depending on the type and severity of the incident, this may be:

• an investigation carried out by an ATSB investigator; or
• more information sought from the railway regulator, track manager, operator, or other body; or
• no further action taken.

Rail safety occurrences should be notified to the State or Territory rail safety regulator, in accordance with procedures established in the particular jurisdiction. Where a rail safety regulator, as a 'nominated official' under the TSI Regulations, receives a report, the regulator will report in turn to the ATSB when necessary.

Submission of information known by the reporter to be false or misleading is a serious offence under section 137.1 of the Criminal Code. Aiding, abetting, counselling, procuring or urging the submission of false or misleading information is also a serious offence.