16Disclosure of restricted information by ATSB

16 Disclosure of restricted information by ATSB

(1) The ATSB must not disclose restricted information relating to a report unless: (a) the ATSB has removed all personal information from the information that is to be disclosed; or (b) subsection (2) or (3) applies.

Note: For rules about non‑staff members accessing restricted information—see section 62 of the Act.

(2) The ATSB may disclose restricted information that contains personal information if: (a) it is not possible to remove the personal information from the information to be disclosed without defeating the purpose for which the ATSB proposes to disclose the information; and (b) the ATSB believes it necessary or desirable to disclose the information for a purpose mentioned in paragraph 8 (1) (b) or (c) or subsection 8 (2); and (c) before disclosing the information, the ATSB obtains the consent of the person to whom the personal information relates. (3) The ATSB may disclose restricted information that contains personal information if: (a) the ATSB reasonably believes the disclosure is necessary for the purpose of reporting, investigating or prosecuting a possible offence against section 137.1 of the Criminal Code (False or misleading information); or (b) the ATSB reasonably believes that disclosure is necessary to reduce or prevent a serious and imminent threat to transport safety or a person’s life or health; or (c) the disclosure is in accordance with Part 6; or (d) the ATSB reasonably believes the disclosure is necessary for the purpose of reporting, investigating or prosecuting criminal conduct not mentioned in Part 6. (4) Without limiting this section, the ATSB may disclose information under this section to a court.