Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRANSPORT SAFETY INVESTIGATION (VOLUNTARY AND CONFIDENTIAL REPORTING SCHEME) REGULATION 2012 - REG 19

Information not admissible in evidence

  (1)   A report, and evidence about the contents of a report, are not admissible in evidence in a court .

  (2)   However subsection   ( 1) does not apply in proceedings in relation to whether a person committed an offence under section   137.1 of the Criminal Code (False or misleading information) in making the report.

  (3)   Subsection   ( 1) does not prevent information obtained from a source other than a report from being admissible in evidence in a court .

  ( 4 )   If, despite subsection   1 8   (1), a person uses information in a report to:

  (a)   take disciplinary action against an employee of the person; or

  (b)   make an administrative decision under an Act, or an instrument made under an Act, against a person;

the report, or evidence about the contents of the report, may be used , as evidence of the misuse of the information , in an y appeal against the taking of the disciplinary action or the making of the administrative decision.

  ( 5 )   Subsection   ( 4 ) applies only if the ATSB issues a certificate stating that:

  (a)   the use of a report, or evidence about the contents of the report, in specified proceedings is not likely to reduce reporting under the REPCON scheme; or

  (b)   any reduction in reporting under the REPCON scheme that might occur because of the use of a report, or evidence about the contents of the report, in specified proceedings is outweighed by the public interest in the use of the report, or evidence about the contents of the report, in those proceedings.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback