Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
TRANSPORT SAFETY INVESTIGATION ACT 2003 No. 18, 2003 - SECT 56
Admissibility of OBR information in civil proceedings
- (1)
- OBR information is not admissible in evidence in civil proceedings unless:
- (a)
- the Executive Director issues a certificate under section 50 in
relation to the OBR information; and
- (b)
- the court makes a public interest order under subsection (3) of this
section in relation to the OBR information.
- Note: See also section 59, which deals with the use of OBR information in
coronial inquiries.
- (2)
- A party to the proceedings may, at any time before the determination of
the proceedings, apply to the court in which the proceedings have been
instituted for an order that OBR information be admissible in evidence in the
proceedings.
- (3)
- If:
- (a)
- such an application is made; and
- (b)
- the Executive Director has issued a certificate under section 50 in
relation to the OBR information;
then:
- (c)
- the court must examine the OBR information; and
- (d)
- if the court is satisfied that:
- (i)
- a material question of fact in the proceedings will not be able to be
properly determined from other evidence available to the court; and
- (ii)
- the OBR information or part of the OBR information, if admitted in
evidence in the proceedings, will assist in the proper determination of that
material question of fact; and
- (iii)
- 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 in the administration of justice;
the court may order that the OBR information, or that part of the OBR
information, be admissible in evidence in the proceedings.
- (4)
- This section does not apply to a coronial inquiry.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback