Queensland Numbered Acts

TRANSPORT INFRASTRUCTURE AMENDMENT ACT 2004 No. 54 - SECT 3

Chapter 7, part 6--

insert--

'(1) The objects of this part are to provide for--

(a) the reporting of incidents on or involving a railway; and

(b) the investigation of or inquiry into incidents on or involving a railway, including--

(i) investigations or inquiries independent of an accredited person for the railway; and

(ii) investigations or inquiries conducted to find out the cause of the incidents and to make recommendations about improvements to safety of transport by rail.

'(2) The following are not objects of this part--

(a) to apportion blame to individuals for incidents on or involving a railway;

(b) to provide the way to decide the liability of any individual in relation to an incident on or involving a railway;

(c) to help in court proceedings between parties, except as expressly provided by this part;

(d) to allow any adverse inference to be drawn from the fact that an individual is involved in an investigation or inquiry.

'(3) Subsection (2) does not make evidence inadmissible in a civil or criminal proceeding unless this part states the evidence is not admissible in the proceeding.

'In this part--

civil or criminal proceeding includes an administrative proceeding for the discipline of an individual.

coronial procedure means any of the following under the Coroners Act 2003--

(a) the making of a decision for section 30 of that Act;

(b) an inquest;

(c) an investigation;

(d) a conference under section 34 of that Act.

court includes any tribunal, authority, person or body that has power to require the production of documents or answering of questions, but does not include the Legislative Assembly or a commission of inquiry under the Commissions of Inquiry Act 1950.

data logger recording means a recording from a device installed on a locomotive or self-propelled rolling stock that records rolling stock event data related to operational performance of the locomotive or self-propelled rolling stock.

data logger recording information means--

(a) a data logger recording or part of a data logger recording; or

(b) a copy or printout of all or part of a data logger recording; or

(c) any information obtained from a data logger recording or part of a data logger recording.

individual does not include an accredited person.

inquiry means an inquiry conducted by a board of inquiry established or re-established under section 219.

investigation means an investigation under this part of an incident on or involving a railway by a rail safety officer.

relevant person see section 239AE.

restricted information means any of the following, other than data logger recording information--

(a) a statement, whether oral or in writing, obtained from a person in the course of an investigation or inquiry, including any record of the statement;

(b) all information recorded in the course of an investigation or inquiry;

(c) all communications in the course of an investigation or inquiry with a person involved in the operation of rolling stock that is or was the subject of an investigation or inquiry;

(d) medical or private information regarding persons, including deceased persons, involved in an incident that is being or has been investigated or that is or has been the subject of an inquiry;

(e) in relation to rolling stock that is or was the subject of an investigation or an inquiry--information recorded for the purposes of monitoring or directing the progress of the rolling stock from 1 place to another or information recorded about the operation of the rolling stock;

(f) records of the analysis of information or anything else obtained in the course of an investigation or inquiry, including opinions expressed by a person in that analysis;

(g) information contained in a document that is given to a rail safety officer or board of inquiry in connection with this part.'.