The following comes from an RA-Aus executive visit to our airfield from the very best of my memory.
You will remember some time ago there were a number of crashes and also fatalities from some yellow aircraft that were flying around Melbourne.
The RA-Aus were called into assist with the investigation and provided resources to their best ability.
It was discovered that weight and balance information supplied by the manufacturer/importer were wrong, spin testing had not been completed or documented and a whole heap of other problems that made the situation 100 times worse than what he would have normally have been.
The RA-Aus took the opportunity to put special conditions on these aircraft like, they are not to be used for training, they are not to be stalled and so on.
The said manufacturer and importer declared that the RA-Aus was putting them out of business even though their aircraft were not compliant by flying on deliberately falsified documentation. The RA-Aus were then taken to court and a hugely expensive litigation battle followed which cost the RA-Aus over 6 figures to defend just in lawyer fees, plus thousands of hours worked by their people which just get absorbed into the cost of doing business for the Association.
The RA-Aus don't want to ever be in that position again because 2 or 3 of these importers would send them broke.
There was no coverage against legal action by CASA or the ATSB and the participation of the RA-Aus was at a huge, substantial risk financially to guide any future investigations.
The RA-Aus simply said that unless we are offered idemnity insurance by CASA then they would not participate in any more accident investigations because of the liability.
This ended the RA-Aus accident investigation process unless called upon by the police as an expert witness.
Apparently the expert witness is answerable to the Police who request the assistance and nobody else, and because of this can't be litigated against. This gives the RA-Aus some level of protection but they don't want to be in a situation where this happens again, ever, therefore they don't do any thorough accident investigations where they make findings against a manufacturer, and importer or a supplier.