46BBAReports on transport safety investigations

46BBA Reports on transport safety investigations

46BBA Reports on transport safety investigations

(1) The Chief Investigator must provide to the Minister a written report on a transport safety investigation, including any discontinued investigation.

(2) The Chief Investigator may provide a copy of a draft report, or proposed recommendations in a report, on a confidential basis, to the Minister or any other person before completing the report—

(a) if the Chief Investigator thinks that it is desirable or necessary to do so for the purposes of transport safety, or

(b) to allow the making of submissions about the draft report, or

(c) to give advance notice of the likely form of the report.

(3) The Chief Investigator may include in a report on a transport safety investigation any submissions made in response to a draft report or draft recommendations, safety action statements or safety recommendations.

(4) A person must not copy, or disclose to a person or a court, the contents of a draft report or draft recommendations provided under this section, except—

(a) as required or authorised by or under this or any other Act, or

(b) where necessary to take steps to remedy safety issues identified in the draft report, or

(c) where necessary to prepare submissions on the draft report or draft recommendations.

Maximum penalty—100 penalty units.

(5) If the Chief Investigator discontinues an investigation, the Chief Investigator must provide to the Minister, within 28 days, a written report setting out the reasons for discontinuing the investigation.

(6) A report of a transport safety investigation, a draft report or draft recommendations are not admissible in any legal proceedings.

(7) A person who is provided with a draft report under this section—

(a) cannot be required to disclose it to a court, and

(b) is not entitled to take any disciplinary action against an employee of the person on the basis of the report.

(8) In this section—

safety action statement means a statement—