Commonwealth Consolidated Regulations

TRANSPORT SAFETY INVESTIGATION (VOLUNTARY AND CONFIDENTIAL REPORTING SCHEME) REGULATION 2012 - REG 14

  (1)   Regardless of whether the ATSB accepts a report, the ATSB must:

  (a)   decide what information in the report is to be included in a database maintained for the REPCON scheme, and include that information i n the database ; and

  (b)   decide whether to disclose a ny information from the report in accordance wit h the Act and this regulation , and act accordingly; and

  (c)   if the ATSB does not believe that the report includes false or misleading information-- as soon as practicable:

  (i)   for the part of the report given by the perso n taken to have made the report-- destroy the part, or return it to the person ; and

  (ii)   if a part of the report was gi ven by another person-- destr oy the part, or return it to that other person.

Note 1:   F or rules relating to disclosure of i nformation contained in reports--see Parts   5 and 6.

Note 2:   For reports that may include false or mislead in g information-- see section   1 5 .

Including res tricted information in database

  (2)   For paragraph   ( 1)   (a), the ATSB may include restricted information that contains personal information in a database maintained for the REPCON scheme only if:

  (a)   the removal of the restricted information from the report would adversely affect the quality of the information to be included in the database ; or

  (b)   the ATSB believe s that it is necessary to keep in contact with the person who made the report, or a person or organisation mentioned in the report, an d the restricted information is necessary for that purpose.

  (3)   The ATSB must remove restricted information that contains personal information from the database if:

  (a)   the restricted information wa s included in a database for the purpose mentioned in paragraph   ( 2) (b); and

  (b)   the ATSB is satisfied that it is no longer necessary to keep the restricted information for that purpose .