Commonwealth Consolidated Acts

TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 56

  (1)   OBR information is not admissible in evidence in civil proceedings unless:

  (a)   the ATSB 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 ATSB 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.