9Retention of documents and other material

#### 9 Retention of documents and other material 9 Retention of documents and other material > > (1) This clause applies to the following material— > > > > > (a) a document or other thing produced under this Part, > > > > > (b) a thing seized under this Part. > > > (2) The Chief Investigator or a transport safety investigator must provide a receipt for the document or thing. > > > (3) The Chief Investigator may make copies of the document or thing. > > > (4) The Chief Investigator may examine or test the document or thing, even though that might result in damage or destruction of the document or thing or a reduction in its value. > > > (5) The Chief Investigator must return the document or thing when it is no longer needed for the purpose of an investigation. However, if there is no owner or the Chief Investigator cannot, despite making reasonable efforts, locate the owner, the Chief Investigator may dispose of the document or thing in such manner as the Chief Investigator thinks appropriate. > > > (6) Despite subclause (5), the Chief Investigator must make the document or thing available to a relevant body on the written request of the body for the purposes of— > > > > > (a) an investigation under a law of the Commonwealth or another State or Territory, or > > > > > (b) a coronial inquest or inquiry. > > > (7) The Chief Investigator is not required to comply with any such request— > > > > > (a) to the extent that the document or thing is or contains restricted information or an on-board recording, or > > > > > (b) if the Chief Investigator is of the opinion that making the document or thing available would be likely to interfere with any transport safety investigation to which the document or thing relates. > > > (8) In this clause— > > > > on-board recording means a recording— > > > > > (a) that consists of (or consists mainly of) sounds or images, or sounds and images, of persons in the control area of rolling stock, a bus or a ferry, and > > > > > (b) that was made in order to comply with a law of this State, and > > > > > (c) any part of which was made at the time of the occurrence of an accident or incident that involved the rolling stock, bus or ferry. > > > > owner includes an agent of an owner. > > > > relevant body means— > > > > > (a) a public service agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), or > > > > > (b) a NSW government agency, or > > > > > (c) an agency of the Commonwealth or another State or Territory, or > > > > > (d) a State or Territory Government, or > > > > > (e) a coroner. > > > > restricted information means any of the following— > > > > > (a) all statements (whether oral or in writing) obtained from persons by the Chief Investigator or a transport safety investigator in the course of a transport safety investigation (including any record of such a statement), > > > > > (b) all information recorded by the Chief Investigator or a transport safety investigator in the course of a transport safety investigation, > > > > > (c) all communications with a person involved in the operation of rolling stock, a ferry, a bus or other vehicle that is or was the subject of a transport safety investigation, > > > > > (d) medical or private information regarding persons (including deceased persons) involved in a matter that is being investigated, > > > > > (e) information in relation to rolling stock, a ferry, a bus or other vehicle that is or was the subject of a transport safety investigation, recorded for the purposes of monitoring or directing the progress of the vehicle from one place to another or information recorded in relation to the operation of the vehicle, > > > > > (f) records of the analysis of information or material acquired in the course of a transport safety investigation (including opinions expressed by a person in that analysis), > > > > > (g) information that is contained in a document produced on entry to premises under this Part, > > > > > (h) information contained in a report made under a voluntary reporting scheme, > > > > > (i) information obtained or generated by the Chief Investigator in the course of considering a report made under a voluntary reporting scheme, > > > > > (j) records of the analysis of information contained in a report made under a voluntary reporting scheme (including opinions expressed by a person in that analysis).