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— > > > > > (a) setting out any safety issues identified during the course of an investigation that should be addressed, or > > > > > (b) setting out any steps taken by persons to remedy safety issues identified during the course of an investigation. > > **s 46BBA:** Ins 2012 No 82, Sch 2.11 \[85\].