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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 26 June 2018 at 01:34)
Part 4 Division 3 Section 77
77   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 a rail safety 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 the Supreme 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.