(1)  The Secretary of the Department –

(a) may, on his or her own initiative or at the request of a person; and

(b) must, at the request of the Minister –

appoint one or more independent investigators to investigate and report on an accident, or other incident, that is on, associated with or involves a railway.

(2)  A person may only be appointed an investigator under subsection (1) if the Secretary of the Department is satisfied that the person is suitably qualified, by virtue of the person's qualifications or experience, to conduct an independent investigation.

(3)  Before appointing an investigator under subsection (1) , the Secretary of the Department is to consult with the Minister, and any person who is an accredited person in respect of the railway to which the proposed investigation relates, about –

(a) which person or persons are to be appointed as an investigator; and

(b) the matter or matters to be inquired into by the investigator; and

(c) reporting arrangements once the investigation is completed.

(4)  An investigator may be appointed under subsection (1) in relation to an accident or incident, and an investigator may continue to carry out an investigation in relation to an accident or incident, even though –

(a) a court or Tribunal is conducting proceedings in relation to the accident or incident; or

(b) another person or body is investigating the accident or incident –

unless a court, or Tribunal, that has jurisdiction to do so, orders the investigator to cease to conduct the investigation.

(5)  An investigator is to be appointed on the terms and conditions agreed between the Secretary of the Department and the investigator.