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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 25 April 2017 at 18:46)
Part 4 Division 1 Section 64
64   Confidential reporting of safety information by rail safety workers
(1)  The Chief Investigator may establish a system for the voluntary reporting by rail safety workers 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 a rail safety worker who provides information under any such voluntary reporting system unless:
(a)  the worker 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.
 Under section 210 of the Industrial Relations Act 1996, it is an offence to victimise an employee because the employee informs about, or gives evidence in relation to, a notifiable occurrence or the safety or reliability of railway operations. Section 213 of that Act sets out the remedies available to an employee in those circumstances. Also, section 104 of the Work Health and Safety Act 2011 protects an employee who makes a complaint about workplace safety or risks to health.