96Disclosure of safety records

96 Disclosure of safety records

(1) An investigation officer (see subsection (9)) must not, except for the purposes of this Part, directly or indirectly: (a) disclose a safety record (see subsection (9)) to any person or a court; or (b) give a safety record to any person or a court. (2) A person who contravenes subsection (1) commits an offence.

Penalty: 30 penalty units.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

(3) Subsection (1) does not apply to criminal proceedings, investigations relating to a criminal offence or a proceeding relating to bail. (4) Subsection (1) does not apply to the disclosure of a safety record to the Minister under section 93. (5) Subsection (1) does not prohibit an investigation officer from disclosing or giving a safety record to a court if an order is made under subsection (7). (6) A person may apply to a court for an order that a safety record must be disclosed or given to the court. (7) If the court is satisfied that the disclosure or production of the safety record is in the public interest, having regard to: (a) the adverse impact disclosure or production may have on the investigation to which the record relates or to any future investigations; and (b) any other relevant matter; the court must order the disclosure or production. (8) If the court makes such an order, then the court must also make an order that restricts access to the safety record to: (a) the person or persons constituting the court; and (b) the parties to the proceeding (including any interveners); and (c) the parties’ legal representatives; and (d) specified witnesses for the purposes of the proceeding; unless the court is satisfied that such an order would not be in the interests of justice or would not be desirable in the interests of the court performing its functions. (9) In this section:

investigation officer means a person who is or has been:

(a) the Minister; or
(b) an Investigator; or
(c) any other person who performs functions or provides services in relation to an investigation under this Part.

safety record means all or any of the following:

(a) all statements (whether oral or written) an Investigator takes from persons in the course of an investigation under this Part, including any record of such a statement;
(b) all communications between persons involved in operating a space object or high power rocket that is involved in an accident or incident;
(c) medical or personal information about persons (including deceased persons) involved in an accident or incident;