Div 10Train safety recordings

Division 10—Train safety recordings 130—Interpretation train safety recording means a recording consisting of (or mainly of) sounds or images or data, or any combination of sounds, images or data, produced by a device installed in a train, signal box, train control complex or other railway premises for the purpose of recording activities carried out by rail safety workers in relation to the operation of a train. 131—Disclosure of train safety recordings A person must not publish or communicate to any person— (a) a train safety recording or any part of a train safety recording; or (b) any information obtained from a train safety recording or any part of a train safety recording, otherwise than in the course of an inquiry or an investigation into an accident or incident under this Part or for the purposes of, or in connection with— (c) criminal proceedings (not being criminal proceedings in which it is not admissible), investigations relating to any such criminal proceedings or investigations by or proceedings before a coroner; or (d) civil proceedings in which an order is made under section 132; or (e) a disclosure or publication that is otherwise permitted under this Law or an Act. 132—Admissibility of evidence of train safety recordings in civil proceedings (1) A train safety recording is not admissible in evidence in any civil proceedings against a rail safety worker. (2) A party to civil proceedings may, at any time before the determination of the proceedings, apply to the court in which the proceedings have been instituted for an order that a train safety recording, or part of a train safety recording, be admissible in evidence in the proceedings. (3) If an application is made to a court under subsection (2), the court must— (a) examine the train safety recording; and (b) if satisfied that— (i) a material question of fact in the proceedings will not be able to be properly determined from other evidence available to the court; and (ii) the train safety recording, or a part of the train safety recording, if admitted in evidence in the proceedings, will assist in the proper determination of that material question of fact; and (iii) in the circumstances of the case, the public interest in the proper determination of that material question of fact outweighs the public interest in protecting the privacy of rail safety workers, the court may order that the train safety recording, or that part of the train safety recording, be admissible in evidence in the proceedings. (4) If the court makes an order referred to in subsection (3), the train safety recording is (despite subsection (1)) admissible in evidence in the proceedings.