Transport Accident Investigation Commission Amendment Act 1999

1: Short Title and commencement
1: This Act may be cited as the Transport Accident Investigation Commission Amendment Act 1999, and is part of the Transport Accident Investigation Commission Act 1990 the principal Act
2: This Act comes into force on the day after the date on which this Act receives the Royal assent.
1: Amendments to principal Act
2: Title of principal Act amended
The principal Act is amended by repealing the Title, and substituting the following Title: An Act—
a: To establish the Transport Accident Investigation Commission, and to define its functions, duties, and powers; and
b: To regulate the disclosure and admissibility of certain transport accident or incident investigation information .
3: New heading inserted
The principal Act is amended by inserting, immediately before section 2
1: Preliminary provisions
4: New heading inserted
The principal Act is amended by inserting, immediately before section 3
2: Transport Accident Investigation Commission
5: Accidents to be investigated
Section 13(1) paragraph (a)
6: Conduct of investigation
1: Section 14(3)(c) ; or
2: Section 14(3)
d: Examine or cause to be examined any recording of a communication between persons on the flight deck of an aircraft and persons in an air traffic control service relating to an accident or incident being investigated by the Commission; or
e: Examine or cause to be examined any record specified in section 14C(2) .
3: Section 14 subsection (3)
3A: Subsection (3) section 14H .
7: New
Part 3 The principal Act is amended by inserting, after section 14
3: Disclosure and admissibility of transport accident and incident investigation information
14A: Interpretation
For the purposes of this Part, unless the context otherwise requires,— Disclose
a: Relating the whole or part of the contents of the record orally; and
b: Producing the record, or a copy of the record, in whole or in part in any form;— and disclosed disclosure Proceedings
a: Proceedings before a court or tribunal, including—
i: A court of inquiry under section 200 of the Armed Forces Discipline Act 1971
ii: Proceedings relating to an offence under the Armed Forces Discipline Act 1971
b: Proceedings before any Coroner; and
c: An arbitration under the Arbitration Act 1996
d: Proceedings before a Commission of Inquiry under the Commissions of Inquiry Act 1908
e: An inquiry or investigation by any person, other than the Commission, having authority to conduct the inquiry or investigation under any Act.
14B: Circumstances of disclosure, and admissibility, of certain investigation records
1: A record specified in subsection (2)
a: May only be disclosed—
i: By the Commission, or other person with the written consent of the Commission, for the purposes of an investigation by the Commission into an accident or incident to which the record relates; or
ii: Under section 14Q
b: Is not admissible in any proceeding.
2: A record referred to in subsection (1)
a: A statement or submission made to the Commission in the course of an investigation; or
b: A recording of an interview by a person engaged in an investigation by the Commission that is generated in the course of an investigation, or a transcript of such a recording; or
c: A note or opinion of a person engaged in an investigation by the Commission that is generated in the course of an investigation; or
d: Information relating to an investigation that is provided in confidence by the Commission to any other person (unless that information is a record specified in section 14C(2)
3: Despite subsection (1) subsection (2)(a) paragraph (b) or paragraph (c) of subsection (2)
14C: Circumstances of disclosure of cockpit recordings, and certain investigation records supplied to Commission
1: A record specified in subsection (2)
a: By the Commission, or other person with the written consent of the Commission, for the purposes of an investigation by the Commission into an accident or incident to which the record relates; or
b: By order of the High Court under section 14E or section 14F
c: Under section 14Q
2: A record referred to in subsection (1)
a: A cockpit voice recording from a non-military aircraft or a transcript of a cockpit voice recording from a non-military aircraft; or
b: A cockpit video recording from a non-military aircraft or a transcript of a cockpit video recording from a non-military aircraft; or
c: A document or record held by the Commission that contains information about an identifiable natural person that was supplied to the Commission in the course of an investigation (not being information included in any statement, submission, recording, transcript, or note referred to in any of paragraphs (a), (b), or (c) of section 14B(2)
3: Nothing in subsection prevents a person who is recorded on a record referred to in paragraph (a) or paragraph (b) of subsection (2) subsection (2)(c)
14D: Admissibility of cockpit recordings, and certain investigation records supplied to Commission
1: A record specified in section 14C(2)
a: Civil proceedings other than proceedings of a kind to which section 14F
b: Proceedings under the Armed Forces Discipline Act 1971
2: A record specified in section 14C(2)
3: Nothing in subsection (2) section 14C(2)
4: A record specified in section 14C(2) section 14F section 14E or section 14F
5: Nothing in this section renders admissible any record that is inadmissible under any other enactment or rule of law.
14E: Disclosure of record relating to accident or incident before civil proceedings commenced
1: This section applies to any civil proceedings if the amount of the damages claimed or intended to be claimed exceeds the amount specified from time to time as the maximum civil jurisdiction of District Courts under the District Courts Act 1947 Employment Contracts Act 1991
2: A person who is or may be intending to commence civil proceedings of a kind specified in subsection (1) section 14C(2)
3: The Court may order the disclosure of a record to a person who applies under subsection (2)
a: It appears to the Court that—
i: The person is or may be entitled to claim relief in proceedings of a kind specified in subsection (1)
ii: It is impossible or impracticable for the person to formulate the person's claim without reference to the record sought; and
b: The Court determines, on the balance of probabilities, that the interests of justice in the disclosure of the record outweigh the adverse domestic and international impact the disclosure may have on the investigation to which the record relates or any future investigation into an accident or incident.
14F: Disclosure of record relating to accident or incident in civil proceedings
1: This section applies to any civil proceedings if the amount of the damages claimed exceeds the amount specified from time to time as the maximum civil jurisdiction of District Courts under the District Courts Act 1947 Employment Contracts Act 1991
2: A party to civil proceedings to which this section applies may apply to the High Court for the disclosure of a record specified in section 14C(2)
3: The Court may order the disclosure of a record under this section if the Court determines, on the balance of probabilities, that the interests of justice in the disclosure of the record outweigh the adverse domestic and international impact the disclosure may have on the investigation to which the record relates or any future investigation into an accident or incident.
14G: Provisions relating to application under
section 14E or section 14F
1: Subject to this section, an application under section 14E or section 14F
2: The applicant must notify the following persons of the making of the application:
a: The person who has possession of the record:
b: Any natural person who is the subject of the record or, if that person is deceased, that person's next of kin:
c: The owner of the record.
3: A person who is served with a notice of an application, and any other person who satisfies the Court that he or she has a legitimate interest in the application, may appear before the Court and be heard in respect of the application.
4: Only the following persons are permitted to be present at the hearing of an application under this section:
a: The Judge or Master and officers of the Court:
b: The applicant and the applicant's counsel:
c: Other parties to the proceedings to which the application relates (or intended parties in the case of an application under section 14E
d: Witnesses:
e: Any person referred to in subsection (3)
5: The Judge or Master may exclude any witness or person referred to in subsection (3)
6: The Court may adjourn the hearing of an application under section 14E or section 14F
7: Subsection (6)
14H: Court may order record to be produced
1: For the purpose of determining whether a record should be disclosed under section 14E or section 14F
2: Subject to section 14J
14I: Restriction on publication of reports of proceedings
1: No person may publish any report of an application under section 14E or section 14F
2: Despite subsection (1)
a: The names and addresses of the parties:
b: The name of the presiding Judge or Master:
c: The order made by the Court.
14J: Further provisions relating to disclosure of record
1: If the High Court makes a disclosure order under section 14E or section 14F
2: The record must only be used for the purpose for which the disclosure was ordered, and no person is permitted to copy the record or make notes from the record without the leave of the Court.
3: The record must be returned to the person who produced the record to the Court when the record is no longer needed for the purpose for which the disclosure was ordered.
4: No record that is ordered to be disclosed under section 14E or section 14F
14K: Certain actions do not constitute disclosure
The following actions do not constitute disclosure of a record referred to in section 14B or section 14C
a: The inclusion of the whole or part of a record in any findings or recommendations published, or report made, by the Commission after an investigation:
b: The return of a recording to its owner with the consent of all the individuals recorded on it:
c: The broadcast or publication in the media of any information disclosed to any person under section 14B(3) or any statement made under section 14C(3)
14L: Offences relating to disclosure of records
1: Every person commits an offence who discloses a record specified in section 14B(2) or section 14C(2) section 14B or section 14C
2: Every person commits an offence who contravenes section 14J(2)
3: Every person who commits an offence against this section is liable on summary conviction,—
a: In the case of an individual, to a fine not exceeding $10,000:
b: In the case of a body corporate, to a fine not exceeding $25,000.
14M: Offences relating to publication of reports of proceedings or publication of records
1: Every person commits an offence who contravenes section 14I or section 14J(4)
2: Every person who commits an offence against this section is liable on summary conviction,—
a: In the case of an individual, to a fine not exceeding $10,000:
b: In the case of a body corporate, to a fine not exceeding $25,000.
14N: Admissibility of accident or incident findings, recommendations, or report
No findings or recommendations published, or report made after an investigation by the Commission are admissible as evidence in any proceedings except—
a: A Coroner's inquest; or
b: An application for review of a decision of the Commission.
14O: Commission investigators not compellable to give opinion evidence in certain proceedings
No person engaged in an investigation by the Commission is compellable to give evidence in any proceedings to which the Commission is not a party as to—
a: That person's opinion concerning any aspect of an investigation; or
b: Any matter included in any analysis, findings, or recommendations made following an investigation.
14P: No search warrant may be issued for record specified in
section 14B(2) or section 14C(2) No Judge, Justice, Community Magistrate, or Registrar may issue a search warrant in respect of a record specified in section 14B(2) or section 14C(2)
14Q: Disclosure of personal information under
Privacy Act 1993
1: A record specified in any of paragraphs (a), (b), and (c) of section 14B(2) section 14C(2) principle 6 of the Privacy Act 1993
2: For the purposes of subsection (1)
a: Made a statement or submission referred to in section 14B(2)(a)
b: Is recorded on a recording or transcript referred to in paragraph (a) or paragraph (b) of section 14C(2)
c: Gave the information contained in a record referred to in paragraph (b) or paragraph (c) of section 14B(2) section 14C(2)(c)
3: To avoid doubt, a person to whom a record is disclosed under this section may not disclose that record to any person in breach of section 14B(1) or section 14C(1)
4: Nothing in this section limits sections 27 to 29 of the Privacy Act 1993
5: This section is subject to section 14(3)
14R: Application of
Official Information Act 1982 section 14B(2) or section 14C(2) Nothing in the Official Information Act 1982 section 14B(2) or section 14C(2)
8: Savings provision
Nothing in this Act applies to—
a: An accident or incident that occurred before the date on which this Act comes into force; or
b: Any proceedings commenced before the date on which this Act comes into force.
9: Sections 15 16 Sections 15 16
2: Amendment to
Civil Aviation Act 1990
10: Civil Aviation Act 1990 Section 24 Civil Aviation Act 1990 subsection (3)
3A: The right of access and the powers conferred by any of subsections (1) to (3) paragraph (a) or paragraph (b) of section 14C(2) of the Transport Accident Investigation Commission Act 1990