34Simplified outline

34 Simplified outline

The following is a simplified outline of this Division:

This Division gives the Inspector the power to request information that he or she believes is relevant to an inquiry.

Under this Division:

(a) a request for OBR information can be made to the ATSB;

(b) a request for restricted information can be made to the ATSB, or a government agency or person who holds the information independently of the ATSB, such as the original source;

(c) a request for other information or documents that have been obtained or generated by a government agency can be made to the agency or a person who holds the information independently of the agency, such as the original source;

(d) a request for other information can be made to any person who holds the information.

The flow of information and documents to the Inspector is encouraged by:

(a) enabling government agencies and others to give information and documents to the Inspector despite any other law;

(b) providing that offences under the Transport Safety Investigation Act 2003 that would otherwise apply to prevent the ATSB from giving information to the Inspector do not apply;

(c) providing immunities for people who give information and documents to the Inspector.

Once given to the Inspector, the circumstances in which the information and documents can be copied, recorded, used and disclosed in the context of an inquiry are limited.

In particular, disclosure is limited where that disclosure would hinder another agency’s investigations or adversely affect its operations. In that case, the information can only be disclosed with the agreement of the source.