Queensland Numbered Acts

TRANSPORT INFRASTRUCTURE AMENDMENT ACT 2004 No. 54 - SECT 9

After section 530--

insert--

'(1) This section applies to a statement about the derailment made by a relevant employee to a rail safety officer before the commencement of this section.

'(2) The statement (the primary evidence) and any information, or document or other thing obtained as a direct or indirect result of the statement (the derived evidence) is not admissible in evidence against the employee in any civil or criminal proceeding.

'(3) Subsection (2) does not prevent the primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.

'(4) Also, subsection (2) has no effect on the use or admissibility of a report in a coronial procedure.

'(5) It is declared that the statement, information, or document or other thing mentioned in subsection (2) is taken to be restricted information for the purposes of chapter 7, part 6.

'(6) In this section--

derailment means the derailment of the tilt train operated by Queensland Rail derailled on or about 16 November 2004 at Berajondo.

relevant employee means an individual involved in the derailment who at the time of the derailment was an employee of a railway operator for the rolling stock involved in the derailment.'.