Commonwealth Consolidated Acts

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TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 59

Use of OBR information in coronial inquiries

  (1)   If the coroner requests OBR information that is in the possession of the ATSB, then the ATSB must make the information available to the coroner unless, in the opinion of the Chief Commissioner, making the information available would be likely to interfere with any investigation into the transport safety matter to which the OBR concerned relates.

Coroner's determination about disclosure

  (2)   After examining the OBR information in camera, the coroner may make a determination that the information, or part of the information, should no longer be protected from disclosure.

  (3)   The coroner cannot make such a determination unless the coroner considers that:

  (a)   the information concerned is relevant to the inquiry and cannot be obtained by other means; and

  (b)   any adverse domestic and international impact that the disclosure of the information might have on any current or future investigations is outweighed by the public interest.

Coroner's direction about publication or communication

  (4)   The coroner may direct that the OBR information or any information obtained from the OBR information, must not:

  (a)   be published or communicated to any person; or

  (b)   be published or communicated except in such manner, and to such persons, as the coroner specifies.

  (5)   A person must not contravene such a direction.

Penalty:   Imprisonment for 2 years.


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