South Australian Current Regulations South Australian Current Regulations98—Guidelines for disclosure of information
(1) In this
regulation—
"Australian jurisdiction" means the Commonwealth or a State or Territory of
the Commonwealth;
"confidential information" means information obtained in the administration of
the Act or the Road Traffic Act 1961 ;
"personal information" means information pertaining to a natural person or
body corporate;
"person concerned"—
(a) in
relation to personal information, means the natural person to whom the
information pertains, or the body corporate to which the information pertains,
as the case may be;
(b) in
relation to information relating to a motor vehicle, means the owner of the
vehicle.
(2) Pursuant to
section 139D(1)(f) of the Act, confidential information the disclosure of
which is not authorised by a preceding paragraph of section 139D(1) may,
subject to such conditions as the Registrar thinks fit, be disclosed in
accordance with this regulation.
(3)
Personal information or information relating to a motor vehicle may be
disclosed to a person other than the person concerned if the person concerned
has been made aware, or is reasonably likely to be aware, that—
(a) the
information is generally used for the purpose for which it is to be released;
or
(b) the
information is generally passed on to those persons or bodies to whom it is to
be released.
(4)
Personal information or information relating to a motor vehicle may be
disclosed to a person other than the person concerned if—
(a) the
person making the disclosure believes on reasonable grounds that the
disclosure is necessary to prevent or lessen a serious threat to the life or
health of the person concerned or some other person; or
(b) the
disclosure is reasonably necessary to protect the public revenue; or
(c) the
disclosure is reasonably necessary to protect the interests of the Crown as an
employer; or
(d) the
disclosure is made to a public authority responsible under the law of another
Australian jurisdiction for the registration of motor vehicles or the
licensing of drivers of motor vehicles; or
(e) the
disclosure is made to a public authority of an Australian jurisdiction—
(i)
authorised under a law of that jurisdiction to obtain the
information directly from the person concerned; or
(ii)
under an arrangement providing for the exchange of
personal information; or
(iii)
to enable the authority to ascertain whether a motor
vehicle has been abandoned; or
(iv)
to enable the authority to exercise or perform statutory
powers or functions in relation to a motor vehicle that has been abandoned; or
(v)
in connection with the administration of either of the
following Acts:
(A) the
Harbors and Navigation Act 1993 ;
(B) the Passenger Transport Act 1994 ;
or
(f) the
disclosure is made to Austroads Ltd; or
(g) the
disclosure is made to a person or body engaged in research related to road
transport and the disclosure is made for the purposes of the research; or
(h) the
disclosure—
(i)
consists of information other than medical information
about the person concerned or information about that person's history of
driving or driving-related offences; and
(ii)
is made to—
(A) a person acting under a power of
attorney granted by the person concerned; or
(B) a person acting under an authorisation
signed by the person concerned; or
(C) a legal practitioner acting on behalf
of the person concerned; or
(D) where the person is deceased—an
executor or administrator of the deceased estate; or
(E) where the person becomes
bankrupt—the registered trustee of the bankrupt estate.
(5) If a health
professional has furnished information about a person to the Registrar in
pursuance of section 148(1) of the Act, the health professional may be
informed of the action taken (if any) by the Registrar as a result of the
information.
(6) Any of the
following information may be disclosed to any person:
(a)
information comprised of statistical data that could not reasonably be
expected to lead to the identification of any person to whom it pertains;
(b)
whether a particular motor vehicle is registered;
(ba) the
date on which the registration of a particular motor vehicle is due to expire;
(c)
whether the registration of a particular motor vehicle has expired;
(ca) the
date on which the registration of a particular motor vehicle expired;
(d)
whether the registration of a particular motor vehicle has been suspended or
cancelled;
(e)
whether a particular motor vehicle is, or has been, a written-off vehicle;
(f)
whether a particular motor vehicle that is, or has been, a written-off
vehicle, is eligible for registration in the future;
(g)
whether a particular motor vehicle is recorded as stolen;
(h)
whether a particular motor vehicle is the subject of a current defect notice
under section 145 of the Road Traffic Act 1961 ;
(i)
whether a particular number or number plate is the
subject of an agreement under section 47A(4) of the Act and the
commencement and expiry dates of any such agreement;
(j)
whether an agreement under section 47A(4) of the Act relating to a
particular number or number plate of a particular class provides for the
assignment of rights conferred under the agreement and, if so, the nature of
the assignment and details of any conditions imposed on the assignment;
Example—
An agreement under section 47A(4) may permit a particular number or number
plate of a particular class to be transferred or sold to a person not party to
the agreement. Such an assignment of the rights conferred under the agreement
may, however, be subject to such conditions as may be specified by the
Registrar in the agreement.
(k)
whether a particular motor vehicle is a high powered vehicle for the purposes
of the Act;
(ka)
whether a particular motor vehicle is an ultra high powered vehicle for the
purposes of the Act;
(l) the
name of, and contact details for, the approved insurer for a particular motor
vehicle;
(m) the
4 last digits of a particular motor vehicle's vehicle identification number;
(n) a
particular motor vehicle's registered configuration;
(o) a
particular motor vehicle's gross vehicle mass;
(p) a
particular motor vehicle's gross combination mass;
(q) in
the case of a particular special purpose vehicle—the conditions to which
the registration of the vehicle is subject.
(7) The name and
address of the registered owner of a motor vehicle may be disclosed—
(a) to
the manufacturer of the vehicle for the purposes of a safety-related recall of
vehicles; or
(b) to a
legal practitioner or insurer, or an investigation agent acting on behalf of a
legal practitioner or insurer, where the information is required to identify
the registered owner of a vehicle involved in an accident; or
(c) to a
person, or the agent of a person, registered under the
Personal Property Securities Act 2009 of the Commonwealth as a secured
party in relation to a security interest for which the vehicle is collateral;
or
(d) to a
person who has obtained a judgment in a court, or a legal practitioner acting
on behalf of such a person, where the information is reasonably required to
enforce the judgment and the judgment contains reference to property in the
ownership or possession of the registered owner of the vehicle.
(7a) Where, after the
commencement of this subregulation—
(a) a
prescribed offence is committed, or allegedly committed, by a person driving a
heavy vehicle; and
(b) the
offence has not been detected by use of a photographic detection device,
the following information relating to the offence, or alleged offence, may be
disclosed by a police officer to a person who the police officer believes is a
relevant person in relation to the heavy vehicle:
(c) the
name and date of birth of the person who was driving, or who is alleged to
have been driving, the heavy vehicle;
(d) the
time, date, location and nature of the offence, or alleged offence;
(e) the
registration number of the heavy vehicle or, if the heavy vehicle is a
combination, of any vehicles in the combination;
(f)
details of action taken in relation to the offence, or alleged offence (such
as, for example, arrest of the driver, clamping or impounding of the vehicle
or issue of expiation notice or summons).
(8) Information
relating to a motor vehicle (not including personal information) may be
disclosed in accordance with a contract entered into by the Minister under
which the Minister agrees to provide such information for commercial use by a
person or body that is a party to that contract.
(9) Information
sufficient to confirm the identity of a motor vehicle (such as the make, model
and colour of the vehicle) may be disclosed to a person who is seeking
disclosure of confidential information relating to that vehicle.
(10) In this
regulation—
"prescribed offence" means—
(a) an
offence against section 45, 45A, 45C, 46, 47, 47B, 47BA, 47E or
47EAA of the Road Traffic Act 1961 ; or
(b) an
offence against section 74 or 91 of the Motor Vehicles Act 1959 ;
"relevant person"—each of the following is a relevant person in relation
to a heavy vehicle:
(a) a
registered owner or registered operator of the heavy vehicle or, if the heavy
vehicle is a combination, of any vehicle in the combination;
(b) a
person who is responsible for controlling or directing the use of the heavy
vehicle or, if the heavy vehicle is a combination, of any vehicle in the
combination;
(c) an
officer or employee of a person referred to in paragraph (a) or (b).