Division 1 Safety management systems and annual safety reports
(1) It is a condition of any accreditation that the accredited person:(a) has a system for identifying, managing and controlling the risks of carrying out the railway operations for which that person is accredited (a safety management system), and(b) ensures that the safety management system complies with any requirements that may be prescribed by or under this Act, and(c) ensures that the railway operations for which that person is accredited comply with the safety management system.(2) A safety management system must:(a) identify any significant risks that have arisen or may arise from the carrying out of railway operations by or on behalf of the accredited person, and(b) specify the controls (including audits, expertise, resources and staff) that are to be employed by the accredited person to manage the risks and to monitor safety outcomes in relation to those railway operations, and(c) be documented in an approved form, subject to any requirements prescribed by or under this Act.(3) An accredited person must, if directed to do so in writing by the ITSRR and within any period required by the ITSRR, vary its safety management system and amend or resubmit the relevant documentation to the ITSRR.(4) The ITSRR may issue guidelines with respect to safety management systems and the documentation of any such system.
(1) An accredited person must, not later than 28 days before each anniversary of the person’s accreditation or such other date as may be approved, give to the ITSRR an annual safety report.(2) The annual safety report must:(a) describe and assess the safety performance of the railway operations for which the person was accredited during the preceding 12 months, and(b) review any significant developments relating to the safety of those railway operations during that period, and(c) set out any safety initiatives proposed to be undertaken in relation to the railway operations in the next 12 months, and(d) comply with any requirements prescribed by the regulations or contained in guidelines issued by the ITSRR under this section.(3) An accredited person must, if directed to do so by the ITSRR and within any period required by the ITSRR, amend or resubmit an annual safety report given to the ITSRR.(4) The ITSRR may issue guidelines with respect to annual safety reports.
(1) The ITSRR must cause inspections to be carried out to ensure that operators of railways:(a) carry out railway operations safely, and(b) comply with any applicable conditions or restrictions of accreditation or conditions or restrictions of exemptions from accreditation.(2) For the purposes of this section, the ITSRR may cause the following to be inspected:(a) the railway track, other infrastructure and rolling stock relating to the railway operations,(b) the carrying out of railway operations,(c) the performance of railway employees,(d) the arrangements for the security of members of the public using railways or in or on railway infrastructure,(e) any other thing the ITSRR considers to be relevant to the safe carrying out of railway operations.(3) The inspections are to be carried out at such intervals as the ITSRR thinks fit and:(a) in the case of an accredited person who carries out railway operations principally relating to the carriage of passengers, must be carried out at least once every 12 months, and(b) in the case of any other accredited person, must be carried out at least once every 3 years.(4) The ITSRR must, if requested to do so by the Minister and in accordance with any directions of the Minister, cause an inspection to be carried out under this section in respect of an operator of a railway.
The regulations may make provision for or with respect to the following matters:(a) the methodology or standards with which inspections carried out under this Division must comply,(b) provision of inspection reports to operators of railways,(c) procedures with respect to responses to inspection reports.
Division 2 Improvement and prohibition notices and other requirements
(1) An authorised officer may give an improvement notice to an accredited person or other person if the officer is of the opinion that:(a) the person is contravening any provision of this Act or the regulations or, in the case of an accredited person, any condition or restriction attached to the person’s accreditation, or(b) the person has contravened any such provision or condition or restriction in circumstances that make it likely that the contravention will continue or be repeated, or(c) in the case of an accredited person, that any railway operations for which the person is accredited are carried out in contravention of any applicable safety interface agreements, or(d) it is necessary to do so to ensure the safety of members of the public or other persons.(2) An improvement notice may require the person, within the period specified in the notice, to do any one or both of the following:(a) to remedy the contravention or the matters occasioning it,(b) to undertake remedial safety work.(3) The period within which a person is required by an improvement notice to remedy a contravention or the matters occasioning the contravention or to undertake remedial safety work must be at least 7 days after the notice is given.(4) However, an authorised officer may specify a period that is less than 7 days after the improvement notice is given if satisfied that it is reasonably practicable for the person to comply with the requirements imposed by the notice by the end of that period.(5) An improvement notice must:(a) state that the authorised officer is of the opinion referred to in subsection (1), and(b) state the reasons for that opinion, and(c) if in the authorised officer’s opinion there is a contravention of a provision of this Act or the regulations or a condition or restriction attached to an accreditation, specify the provision, condition or restriction, and(d) include information about obtaining a review of the notice under this Division.
52 Closure of level-crossings or other structures
(1) Without limiting section 51 (1), an improvement notice may direct an accredited person to close any level-crossing, bridge or other structure for crossing over or passing over or under a railway.(2) An accredited person given a direction must, before closing the level-crossing, bridge or other structure:(a) cause a notice of the proposed closure to be published in a local newspaper circulating in the area in which the level-crossing, bridge or other structure is situated, and(b) notify the Roads and Traffic Authority and the council of the area concerned of the proposed closure.(3) On the closure of the level-crossing, bridge or other structure, all rights, easements and privileges in relation to that crossing, bridge or other structure are extinguished.
53 Failure to comply with improvement notice
A person who, without reasonable excuse, fails to comply with a requirement imposed by an improvement notice is guilty of an offence.Maximum penalty:
(a) in the case of a corporation (being a previous offender)—750 penalty units, or(b) in the case of a corporation (not being a previous offender)—500 penalty units, or(c) in the case of an individual not acting in the capacity of an employee (being a previous offender)—375 penalty units, or(d) in the case of an individual not acting in the capacity of an employee (not being a previous offender)—250 penalty units, or(e) in the case of an individual acting in the capacity of an employee (being a previous offender)—22.5 penalty units, or(f) in the case of an individual acting in the capacity of an employee (not being a previous offender)—15 penalty units.
(1) If an authorised officer is of the opinion that at any railway premises there is occurring or is about to occur any activity that involves or will involve an immediate risk to the health or safety of any person, the authorised officer may give to the person who has or may be reasonably presumed to have control over the activity a notice prohibiting the carrying on of the activity until the matters that give or will give rise to the risk are remedied.(2) A prohibition notice must:(a) state that the authorised officer is of the opinion referred to in subsection (1), and(b) state the reasons for that opinion, and(c) specify the activity in respect of which that opinion is held, and(d) if in the authorised officer’s opinion the activity involves a contravention or likely contravention of any provision of this Act or the regulations or of a condition or restriction attached to an accreditation—specify that provision, condition or restriction and state the reasons for that opinion, and(e) include information about obtaining a review of the notice under this Division.(3) A person who, without reasonable excuse, fails to comply with a requirement imposed by a prohibition notice is guilty of an offence.Maximum penalty:
(a) in the case of a corporation (being a previous offender)—1,500 penalty units, or(b) in the case of a corporation (not being a previous offender)—1,000 penalty units, or(c) in the case of an individual not acting in the capacity of an employee (being a previous offender)—750 penalty units, or(d) in the case of an individual not acting in the capacity of an employee (not being a previous offender)—500 penalty units, or(e) in the case of an individual acting in the capacity of an employee (being a previous offender)—45 penalty units, or(f) in the case of an individual acting in the capacity of an employee (not being a previous offender)—30 penalty units.
55 Notices may include directions
(1) An authorised officer may include in an improvement notice or a prohibition notice directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice.(2) Any such direction may:(a) adopt, by reference, the requirements of any industry or other code of practice or standard, and(b) offer the person to whom it is issued a choice of ways in which to remedy the contravention or matter or to comply with the notice.
(1) A person who is given a notice under this Division may apply in writing to the ITSRR for a review of the notice.(2) The application for review must be made within 7 days after the notice is given or, if the regulations prescribe a different period, within the period so prescribed.(3) An application for review may be made only once in respect of any particular notice.(4) The ITSRR is to review a notice that is the subject of a duly made application for review.(5) The notice is stayed (unless it is a prohibition notice) from when the application for review is received by the ITSRR until the ITSRR gives notice to the applicant of the result of the review.(6) The ITSRR may, as a result of the review, confirm the notice, vary it or revoke it. The confirmation, variation or revocation has effect when notice of the result of the review is given to the applicant.(7) Regulations may be made with respect to reviews under this section.
57 Application to Administrative Decisions Tribunal for stay of prohibition notice
(1) A person who applies for a review of a prohibition notice under section 56 may apply to the Administrative Decisions Tribunal for a stay of the notice.(2) A stay may be granted for the period considered appropriate by the Tribunal, but not so as to extend past the time when notice of the result of the review is given to the applicant by the ITSRR.(3) A stay may be granted on such conditions as the Tribunal thinks appropriate and may be revoked or amended by the Tribunal.
58 Appeal to Administrative Decisions Tribunal
A person who is aggrieved by a decision of the ITSRR on an application for a review under section 56 may apply to the Administrative Decisions Tribunal for a review of the decision.
(1) An improvement notice or a prohibition notice may be withdrawn at any time by the authorised officer who gave the notice, or by the ITSRR, if satisfied that the notice was given in error or is incorrect in some respect.(2) The withdrawal has effect when notice of the withdrawal is given to the person to whom the notice was given.(3) The withdrawal or revocation of an improvement notice or a prohibition notice does not prevent the giving of any other notice.
60 Proceedings for offences not affected by notices
The giving, variation, revocation or withdrawal of an improvement notice or a prohibition notice does not affect any proceedings for an offence against this Act or the regulations or any other Act or law in connection with any matter in respect of which the notice was issued.
Division 3 Safety reports and investigations
In this Division:train safety record means any or all of the following:
(a) all statements (whether oral or in writing) taken from persons by an authorised officer or other person for the purposes of a rail safety inquiry or an investigation under section 67, including any record of any such statement,(b) all communications (other than a train safety recording or a transcript of a train safety recording) between persons involved in the operation of a train,(c) medical or private information regarding persons (including deceased persons) involved in an accident or incident the subject of a rail safety inquiry,(d) train safety recordings and transcripts of train safety recordings,(e) any information collected for the purposes of a rail safety inquiry or an investigation under section 67 that is prescribed by the regulations.train safety recording means a recording consisting of (or mainly of) sounds or images or data, or any combination of sounds, images or data, produced by a device installed in a train, a signal box, a train control complex or other railway premises for the purpose of recording operational activities carried out by railway employees operating a train and other persons.
(1) The ITSRR must, in each year, provide to the Minister an industry safety report relating to the carrying out of railway operations by accredited persons.(2) The ITSRR must report on the matters prescribed by the regulations for the purposes of this section and may report on such other matters as the ITSRR thinks fit.(3) A report under this section may be included in the annual report of the ITSRR under the Annual Reports (Statutory Bodies) Act 1984.
63 Provision of information relating to safety to ITSRR
(1) An accredited person must provide to the ITSRR the information concerning measures taken by the person to promote rail safety or concerning other matters relating to rail safety that the ITSRR reasonably requires.(2) An accredited person must submit a safety report to the ITSRR at such times as the ITSRR specifies by written notice given to the person.(3) The information or report must be provided in the approved form and manner.Maximum penalty:
(a) in the case of a corporation (being a previous offender)—750 penalty units, or(b) in the case of a corporation (not being a previous offender)—500 penalty units, or(c) in the case of an individual (being a previous offender)—375 penalty units, or(d) in the case of an individual (not being a previous offender)—250 penalty units.
64 Accredited persons must report notifiable occurrences
(1) It is a condition of accreditation that an accredited person must report any occurrence, of a kind prescribed by the regulations as a notifiable occurrence, that occurs on railway premises relating to railway operations for which the person is accredited.(2) A report under subsection (1) is to be made to the Chief Investigator, or such other person or persons as may be prescribed, within the time and manner prescribed.(3) The regulations may prescribe different reporting requirements in respect of different occurrences.
In addition to any other requirements of this Division, a condition may be imposed on an accredited person’s accreditation requiring the person to report specified incidents or kinds of incidents to the ITSRR.
65A Confidential reporting of safety information by railway employees
(1) The Chief Investigator may establish a system for the voluntary reporting by railway employees of matters that may affect the safe carrying out of railway operations.(2) The Chief Investigator must not disclose to any other person, or to any court, any information that may identify an employee who provides information under any such voluntary reporting system unless:(a) the employee consents to the disclosure, or(b) the Chief Investigator or a court is of the opinion that it is necessary in the public interest that the information be disclosed.(3) Nothing in this section prevents the Chief Investigator from disclosing information obtained under this section to the Chief Executive or any member of staff of the ITSRR.(4) Regulations may be made for or with respect to the following matters:(a) the form and manner in which reports may be made,(b) the manner in which reports are to be dealt with and the purposes for which information reported under this section may be used,(c) other requirements for a system established under this section.(5) (Repealed)
66 Investigation into railway accidents and incidents by railway operators
(1) An operator of a railway must, if required to do so by the Chief Investigator, investigate, and report to the Chief Investigator on:(a) any railway accident or incident that may affect the safe carrying out of railway operations for which the person is responsible, or(b) any matter that may be prescribed by the regulations.(2) A requirement under this section is to be imposed by notice in writing.(3) An investigation is to be conducted in a manner approved, and within the time required, by the Chief Investigator.(4) A report of an investigation is to be provided to the Chief Investigator and the ITSRR in a form and within the time required by the Chief Investigator.(5) An operator of a railway must, if required to do so by the Chief Investigator, review and resubmit a report prepared under this section.(6) The Chief Investigator must, on the 15th day of each month, forward to the Minister a list of any reports provided to the Chief Investigator under this section in the preceding month.(7) An operator of a railway who contravenes this section is guilty of an offence.Maximum penalty:
(a) in the case of a corporation (being a previous offender)—750 penalty units, or(b) in the case of a corporation (not being a previous offender)—500 penalty units, or(c) in the case of an individual (being a previous offender)—375 penalty units, or(d) in the case of an individual (not being a previous offender)—250 penalty units.
66A Information may not be used in certain proceedings
(1) Information that the Chief Investigator or ITSRR obtains by way of a report under section 66 cannot be used in evidence in any criminal or civil proceedings against the operator of a railway that provided the report.(2) However, the information may be relied on in any administrative action under this or any other Act if the action is taken for the purpose of the safe carrying out of railway operations.(3) A court may direct, if it is of the opinion that it is in the public interest to do so, that information referred to in subsection (1) may be used in evidence in particular criminal or civil proceedings, subject to the rules of evidence.(4) In determining the public interest under this section, a court is to take into account the adverse impact that use of the information may have on future disclosures by operators of railways under section 66.(5) This section does not apply:(a) to a train safety recording, or(b) in relation to criminal proceedings for an offence under Division 3 of Part 5 of the Crimes Act 1900, orNote. Division 3 of Part 5 of the Crimes Act 1900 contains offences dealing with the provision of false or misleading information.(c) to information, or in circumstances, that may be prescribed by the regulations.
67 Investigations by the Chief Investigator
(1) The Chief Investigator may investigate any railway accident or incident that may affect the safe carrying out of railway operations.(2) The Chief Investigator must provide to the Minister a written report on an investigation under this section.(3) The Minister may require the Chief Investigator to investigate and report to the Minister on any railway accident or incident that may affect the safe carrying out of railway operations or the personal security of any railway employee or member of the public using a railway or in or on railway premises.(4) The Chief Investigator may recover the reasonable costs of conducting an investigation under this section as a debt due to the Crown in a court of competent jurisdiction. The costs are recoverable jointly or severally from any one or more operators of railways responsible for the railway operations concerned.(5) An investigation under this section may be carried out and a report provided under this section whether or not:(a) an investigation is being, or has been, conducted under any other Act or law (including any law of the Commonwealth) relating to the same matter, or(b) the matter is or may be subject to any criminal or civil proceedings, or(c) the matter is the subject of an inquest or inquiry under the Coroners Act 1980, or(d) the matter is or may be the subject of a rail safety inquiry.
67A Chief Investigator and transport safety investigator’s functions
(1) The Chief Investigator may, by notice in writing, require either or both of the following:(a) the attendance of any person at any place to answer questions in relation to an investigation under section 67,(b) the production of any documents or other things required for the purposes of any such investigation.(2) The Chief Investigator may require a person to answer questions in relation to an investigation under section 67.(3) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section.Maximum penalty: 100 penalty units.
Note. Section 89 provides protection in relation to self-incriminating evidence.(4) A person attending at a place to answer questions is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section.(5) The Chief Investigator may appoint an authorised person (within the meaning of section 45DA of the Transport Administration Act 1988) as a transport safety investigator for the purposes of conducting an investigation under section 67.Note. Section 45DA of the Transport Administration Act 1988 permits the Chief Investigator to delegate any of his or her functions.(6) The Chief Investigator and each transport safety investigator have, in respect of any investigation under section 67, all the functions and immunities of an authorised officer and in the exercise of those functions, any reference in Division 1 of Part 4 to the ITSRR is taken to be a reference to the Chief Investigator.
(1) The Minister may constitute one or more persons as a Board of Inquiry to conduct an inquiry (a rail safety inquiry) into any railway accident or incident or any other event, occurrence, practice or matter that may affect the safe carrying out of railway operations.(2) A rail safety inquiry may be carried out and a report provided whether or not:(a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or(b) the matter is or may be subject to any criminal or civil proceedings, or(c) the matter is the subject of an inquest or inquiry under the Coroners Act 1980.(3) The Minister may not terminate a rail safety inquiry.(4) A Board of Inquiry may, at a rail safety inquiry conducted by it, take evidence on oath or affirmation and, for that purpose, the person constituting the Board:(a) may require a person appearing at the inquiry to give evidence, to take an oath or to make an affirmation in a form approved by the person presiding, and(b) may administer an oath to, or take an affirmation from, a person appearing at the inquiry.(5) In conducting a rail safety inquiry, a Board of Inquiry:(a) is not bound to act in a formal manner, and(b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers appropriate.(6) If the Board of Inquiry agrees, an agent (including a legal practitioner) may represent a person or body at a rail safety inquiry.(7) A Board of Inquiry is to determine its own procedure, except as provided by this Act or the regulations.
67C Chief Investigator may request rail safety inquiry
(1) The Chief Investigator may, if he or she considers it to be appropriate in the circumstances, give a written notice to the Minister requesting that any railway accident or incident or any other event, occurrence, practice or matter that may affect the safe carrying out of railway operations be the subject of a rail safety inquiry.(2) If the Minister receives a written notice under subsection (1) from the Chief Investigator, the Minister is to:(a) constitute a Board of Inquiry to conduct a rail safety inquiry into the accident, incident, event, occurrence, practice or matter, or(b) within one month after receiving the notice, provide the Chief Investigator with written reasons for not doing so and table the notice and the reasons in each House of Parliament.
(1) A Board of Inquiry, when conducting, and making a determination in respect of, a rail safety inquiry is to sit with any assessors that may be appointed by the Minister for the purposes of the inquiry.(2) An assessor sitting with a Board of Inquiry has the power to advise the Board of Inquiry but not to adjudicate on any matter before the Board of Inquiry.(3) A Board of Inquiry has the right to consult, either collectively or individually, and either in public or in private, with assessors sitting with it.
67E Witnesses and evidence at rail safety inquiries
(1) A Board of Inquiry may summon a person to appear at a rail safety inquiry conducted by the Board to give evidence and to produce any documents that are specified in the summons.(2) A Board of Inquiry may require a person appearing at a rail safety inquiry to do any one or more of the following:(a) be sworn or affirmed,(b) produce a document,(c) answer a question.(3) A person attending as a witness before a Board of Inquiry is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section.(4) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section.Maximum penalty:
(a) in the case of a corporation (being a previous offender)—750 penalty units, or(b) in the case of a corporation (not being a previous offender)—500 penalty units, or(c) in the case of an individual (being a previous offender)—375 penalty units, or(d) in the case of an individual (not being a previous offender)—250 penalty units.
67F Report on rail safety inquiry
A Board of Inquiry must, within the period required by the Minister, prepare a report as to the causes of the accident or incident or prepare a report on the other event, occurrence, practice or matter the subject of the rail safety inquiry and provide a copy of the report to the Minister.
(1) The Minister is to lay (or cause to be laid) a report under section 62, 67 (2) or 67F before both Houses of Parliament as soon as reasonably practicable, but not later than 7 days, after the Minister receives the report.(2) If a House of Parliament is not sitting when the Minister seeks to lay a report before it, the Minister may present copies of the report to the Clerk of the House concerned.(3) The report:(a) is, on presentation and for all purposes, taken to have been laid before the House, and(b) may be printed by authority of the Clerk of the House, and(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and(d) is to be recorded:(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,on the first sitting day of the House after receipt of the report by the Clerk.
71 Disclosure of train safety record to Commonwealth or Commonwealth authority
(1) Despite any other provision of this Division, the ITSRR, Chief Investigator, a member of a Board of Inquiry or a person who is or was an authorised officer or any other person may, with the consent of the Minister, disclose to the Commonwealth or a Commonwealth authority the whole or part of a train safety record.(2) The Minister may not consent to a disclosure under this section unless the Minister is of the opinion that it is in the public interest to do so.
72 Disclosure of train safety records (other than train safety recordings) to a court or person
(1) The ITSRR, Chief Investigator, a member of a Board of Inquiry or a person who is or was an authorised officer must not, except for the purposes of this Division, directly or indirectly:(a) disclose to any person, or to a court, the whole or part of a train safety record, or(b) produce to any person, or to a court, the whole or any part of a train safety record.Maximum penalty: 100 penalty units.
(2) This section does not apply to or in respect of the following:(a) a train safety record that is a train safety recording,(b) criminal proceedings, investigations relating to a criminal offence, investigations by or proceedings before the coroner, or a proceeding relating to bail,(c) disclosure of a train safety record that is permitted under this Act or the regulations,(d) disclosure in accordance with an order of a court referred to in subsection (4).(3) A person may apply to the Supreme Court for an order that a train safety record must be disclosed to a court or produced to a court.(4) The Supreme Court must order the disclosure or production of the train safety record if it is satisfied that the public interest in the disclosure outweighs the adverse impact the disclosure or production may have on the inquiry or investigation to which the record relates or any future inquiries or investigations.(5) If the Supreme Court makes an order under subsection (4), the Court must also make an order that restricts access to the train safety record to:(a) the person or persons constituting the court, and(b) the parties to the proceedings (including any interveners), and(c) the parties’ legal representatives, and(d) specified witnesses for the purposes of the proceedings,unless the Court is satisfied that such an order would not be in the interests of justice or would not be desirable in the interests of the court performing its functions.
73 Disclosure of train safety recordings
A person must not publish or communicate to any person:(a) a train safety recording or any part of a train safety recording, or(b) any information obtained from a train safety recording or any part of a train safety recording,otherwise than in the course of an inquiry or an investigation into an accident or incident under this Division or for the purposes of, or in connection with:(c) criminal proceedings (not being criminal proceedings in which it is not admissible) or investigations by or proceedings before the coroner, or(d) civil proceedings in which an order is made under section 75, or(e) a disclosure or publication that is permitted under this Act or the regulations.Maximum penalty: 100 penalty units.
74 Evidence of train safety recordings in criminal proceedings
A train safety recording is not admissible in evidence in any criminal proceedings against a railway employee.
75 Evidence of train safety recordings in civil proceedings
(1) A train safety recording is not admissible in evidence in any civil proceedings against a railway employee.(2) A party to civil proceedings may, at any time before the determination of the proceedings, apply to the court in which the proceedings have been instituted for an order that a train safety recording, or part of a train safety recording, be admissible in evidence in the proceedings.(3) If an application is made to a court under subsection (2), the court must:(a) examine the train safety recording, and(b) if it is satisfied:(i) that a material question of fact in the proceedings will not be able to be properly determined from other evidence available to the court, and(ii) that the train safety recording, or a part of the train safety recording, if admitted in evidence in the proceedings, will assist in the proper determination of that material question of fact, and(iii) that, in the circumstances of the case, the public interest in the proper determination of that material question of fact outweighs the public interest in protecting the privacy of railway employees,the court may order that the train safety recording, or that part of the train safety recording, be admissible in evidence in the proceedings.(4) If the court makes an order referred to in subsection (3), the train safety recording is, despite subsection (1), admissible in evidence in the proceedings.
76 Examination by a court of train safety recording
(1) This section applies if a court examines a train safety recording under section 75.(2) The only persons who may be present at the examination are:(a) the person or persons constituting the court, other than the members of the jury (if any), and(b) the legal representatives of the parties to the proceedings, and(c) such other persons (if any) as the court directs.(3) The court may direct that the train safety recording or the part of the train safety recording, or any information obtained from the recording or part of the recording, must not:(a) be published or communicated to any person, or(b) be published or communicated except in such manner, and to such persons, as the court specifies.(4) The train safety recording, or that part of the train safety recording, is not evidence for the purpose of the determination of the liability in the proceedings of a railway employee the subject of a recording.(5) If there are 2 or more defendants in the proceedings of whom at least one is a railway employee the subject of a recording and the remaining defendant or defendants are not railway employees the subject of a recording, the train safety recording, or that part of the train safety recording, is evidence for the purpose of determining whether or not any railway employee has been negligent for the purposes only of determining the liability in the proceedings of any defendant who is not a railway employee the subject of a recording.
77 Compliance with subpoenas and other directions
(1) The ITSRR, Chief Investigator, a member of a Board of Inquiry, an assessor or a person who is or was an authorised officer or an officer of the ITSRR or the Ministry of Transport is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to:(a) attend and answer questions relating to an accident or incident or other event, occurrence, practice or matter the subject of the rail safety inquiry or an investigation under section 67, or(b) attend and produce any part of a train safety record relating to any such accident or incident,within 6 months after the day of the accident or incident.(2) A person who has obtained a subpoena or similar direction from a court that does not have to be complied with because of subsection (1) may apply to that court for an order that the subpoena or similar direction be complied with.(3) If the court is satisfied that, in the circumstances of the case, it is desirable, in either the interests of justice or the performance by the court of its functions, for the officer or person to attend and answer questions or to attend and produce train safety records within 6 months after the day of the accident or incident, the court must order that the officer or person comply with the subpoena or similar direction.
78 Admissibility of other evidence and liability
(1) Nothing in this Division affects the admissibility in any proceedings of evidence of words spoken by a railway employee other than evidence constituted by a train safety recording or a transcript or summary of a train safety recording.(2) No liability is incurred by the State and no personal liability is incurred by, or by any person acting at the direction of, the Minister, the ITSRR, Chief Investigator or a member of a Board of Inquiry in respect of anything done in good faith in connection with the preparation or making public of a report, or the disclosure or publication of information, under this Division.(3) No liability is incurred by a person for publishing in good faith:(a) a report made public, or information published by the ITSRR, Chief Investigator or a member of a Board of Inquiry, under this Division, or(b) a fair report or summary of any such report or information.(4) In this section:liability includes liability for defamation.
the State includes the Crown in right of the State and the Government of the State.