Transport Accident Investigation Commission Act 1990

1: Short Title and commencement
1: This Act may be cited as the Transport Accident Investigation Commission Act 1990.
2: This Act shall come into force on 1 September 1990.
1: Preliminary provisions
Part 1 heading inserted 10 September 1999 section 3 Transport Accident Investigation Commission Amendment Act 1999
2: Interpretation
In this Part, unless the context otherwise requires,— accident
a: in relation to aviation, has the same meaning as in section 2
b: in relation to rail transport, has the same meaning as in section 4(1)
c: in relation to maritime transport, has the same meaning as in section 2(1) aeronautical product section 2 Civil Aviation Authority section 72A Commission Convention
a: means the Convention on International Civil Aviation signed on behalf of the Government of New Zealand in Chicago on 7 December 1944; and
b: includes—
i: any amendment to the Convention which has entered into force under Article 94(a) of the Convention and has been ratified by New Zealand; and
ii: any Annex or amendment thereto accepted under Article 90 of the Convention; and
iii: the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation Organisation pursuant to Article 37 of the Convention incident
a: in relation to aviation, has the same meaning as in section 2
b: in relation to rail transport, has the same meaning as in section 4(1)
c: in relation to maritime transport, has the same meaning as in section 2(1) Land Transport Authority the New Zealand Transport Agency section 93 Maritime New Zealand section 429 maritime product section 2(1) Minister Secretary ship section 2(1) transport related thing rail vehicle warship section 2(1) Section 2 accident substituted 1 April 1993 Transport Accident Investigation Commission Amendment Act 1992 Section 2 accident substituted 20 July 2005 section 103(3) Railways Act 2005 Section 2 accident added 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 aeronautical product inserted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 Authority repealed 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 Civil Aviation Authority inserted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 Convention inserted 28 November 1991 section 11(1) Civil Aviation Amendment Act 1991 Section 2 incident substituted 1 April 1993 Transport Accident Investigation Commission Amendment Act 1992 Section 2 incident substituted 20 July 2005 section 103(3) Railways Act 2005 Section 2 incident added 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 Land Transport Authority substituted 1 December 2004 section 19(1) Land Transport Management Amendment Act 2004 Section 2 Land Transport Authority amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2 Maritime New Zealand inserted 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2 maritime product inserted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 Maritime Safety Authority repealed 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2 rail service vehicle repealed 20 July 2005 section 103(3) Railways Act 2005 Section 2 Secretary substituted 1 April 1993 Transport Accident Investigation Commission Amendment Act 1992 Section 2 ship added 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 transport related thing added 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 transport related thing amended 20 July 2005 section 103(3) Railways Act 2005 Section 2 warship added 1 February 1995 section 203 Maritime Transport Act 1994
2A: Application of Act
1: Except as otherwise expressly provided in this Act or in any other Act, or in the regulations or rules concerned, nothing in this Act shall apply to the New Zealand Defence Force.
2: Nothing in this Act shall be interpreted as limiting the privileges and immunities of—
a: any foreign military aircraft, foreign warship, or any ship owned or operated by a State other than New Zealand, if the ship is being used by that State for wholly governmental purposes, other than commercial purposes; or
b: the members of the visiting force and crew members of any such foreign military aircraft, foreign warship or such other ship. Section 2A inserted 1 February 1995 section 203 Maritime Transport Act 1994
2: Transport Accident Investigation Commission
Part 2 heading added 10 September 1999 section 4 Transport Accident Investigation Commission Amendment Act 1999
3: Establishment of Commission
1: For the purposes of this Act, there shall be a Transport Accident Investigation Commission.
2: The Commission is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 3(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
4: Purpose of Commission
The principal purpose of the Commission shall be to determine the circumstances and causes of accidents and incidents with a view to avoiding similar occurrences in the future, rather than to ascribe blame to any person.
5: Membership of Commission
1: The Commission consists of not less than 3 and not more than 5 members appointed in accordance with section 28(1)﻿(b)
2: Members of the Commission are the board for the purposes of the Crown Entities Act 2004
3: One of the members of the Commission shall be a barrister or solicitor of the High Court who has held a practising certificate as such for not less than 7 years, or a District Court Judge.
4: Subsection (3) does not limit section 29 Section 5(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 5(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 5(4) added 25 January 2005 section 200 Crown Entities Act 2004
5A: Appointment of assessors
1: The Commission may from time to time appoint, on such terms as the chief executive and the appointee may agree, any suitably qualified person to be an assessor for the purposes of any investigation under this Act.
2: The Commission may co-opt for such term as it thinks fit any assessor to be a member of the Commission.
3: A co-opted member of the Commission shall be entitled to attend and speak at any meeting of the Commission, but shall not be entitled to vote on any question unless authorised to do so by resolution of the Commission. Section 5A inserted 1 April 1993 Transport Accident Investigation Commission Amendment Act 1992
6: Commission responsible to Minister
Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004
6A: Extra information to be included in statement of intent
1: The Commission must include, in its statement of intent under section 139
2: Section 6A substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6A(1) replaced 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 6A(2) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013
7: Further provisions applying in relation to Commission
The provisions of the Schedule
8: Functions of Commission
1: The principal function of the Commission shall be the investigation of accidents and incidents.
2: Without limiting the principal function under subsection (1), the Commission shall also have the following functions:
a: to make such inquiries as it considers appropriate in order to ascertain the cause or causes of accidents and incidents:
b: to co-ordinate and direct all such investigations and to determine which other parties (if any) should be involved in such investigations:
c: to prepare and publish findings and recommendations (if any) in respect of any such investigation:
d: if requested by the Minister, to deliver a written report on each investigation to the Minister, including any recommendations for changes and improvements that it considers will ensure the avoidance of accidents and incidents in the future:
e: to co-operate and co-ordinate with other accident investigation organisations overseas, including taking evidence on their behalf:
f: where—
i: a notification under section 27
ii: a notification under section 13(4)
iii: a notification under section 60 has not been received, to request from the Civil Aviation Authority, the New Zealand Transport Agency Maritime New Zealand section 13(1)
g: to perform any other function or duty conferred on it by this or any other Act.
3: Except as expressly provided otherwise in this or another Act, the Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004 Section 8(2)﻿(f) substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 8(2)﻿(f) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 8(2)﻿(f) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 8(2)﻿(f)﻿(ii) amended 20 July 2005 section 103(3) Railways Act 2005 Section 8(3) added 25 January 2005 section 200 Crown Entities Act 2004
9: Commission may make reports to
Authority
1: The Commission may make such preliminary reports and recommendations to—
a: the Civil Aviation Authority, in the case of aviation accidents and incidents; or
b: the New Zealand Transport Agency
c: Maritime New Zealand as the case may be, as may be necessary in the interests of transport safety.
2: The Commission may give such notice of any preliminary report or recommendation to such persons as may be appropriate in the interests of transport
3: The Commission shall make available to the Secretary any preliminary report or recommendation that has major consequences for transport safety. Section 9(1) substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 9(1)﻿(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 9(1)﻿(b) amended 20 July 2005 section 103(3) Railways Act 2005 Section 9(1)﻿(c) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 9(2) amended section 6(2) Transport Accident Investigation Commission Amendment Act 1992 Section 9(3) added 20 August 1993 section 35(1) Land Transport Act 1993
10: Commission to notify
Authority The Commission shall notify the Civil Aviation Authority, the New Zealand Transport Agency Maritime New Zealand
a: is reported to the Commission; and
b: either—
i: is outside the scope of the Commission's jurisdiction; or
ii: is an accident or incident that the Commission decides not to investigate, being an accident or incident that the Commission is not required to investigate under this Act. Section 10 heading amended 10 August 1992 section 39 Civil Aviation Amendment Act 1992 Section 10 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 10 amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 10: amended 1 February 1995 section 203 Maritime Transport Act 1994 Section 10 amended 20 August 1993 Land Transport Act 1993
11: Powers of Commission
1: For the purposes of carrying out its functions and duties under this Act, the Commission shall have the same powers as are conferred on a commission of inquiry by the Commissions of Inquiry Act 1908 sections 11 12
2: Subsection (1) applies in addition to sections 16 17 Section 11(2) substituted 25 January 2005 section 200 Crown Entities Act 2004
12: Powers of entry and investigation
1: Without limiting the powers conferred by section 11 or sections 16 17
a: to enter and inspect any transport related thing where the Commission believes on reasonable grounds that it is necessary to do so for the purposes of investigating an accident or incident:
b: to inspect, make copies of, or take extracts from, or retain any document or record that the Commission believes on reasonable grounds is relevant to the investigation of an accident or incident:
c: where the Commission believes on reasonable grounds that it is necessary to preserve or record evidence, or to prevent the tampering with or alteration, mutilation, or destruction of any place or thing involved in any manner in an accident or incident, to prohibit or restrict access of persons or classes of persons to the site of any accident or incident or to any transport related thing involved in the accident or incident:
ca: where the Commission believes on reasonable grounds that any transport related thing is or contains evidence relevant to the investigation of any accident or incident, to direct that the transport related thing be taken to a place nominated by the Commission:
d: to seize, detain, remove, preserve, protect, or test any place or thing that the Commission believes on reasonable grounds will assist in establishing the cause of an accident or incident.
2: Nothing in subsection (1) shall confer on any person the power to enter any dwellinghouse, or any marae or building associated with a marae, unless the entry is authorised by a warrant given by a judicial officer on written application on oath, which shall not be granted unless the judicial officer is satisfied that the entry is essential to enable the inspection to be carried out.
3: Every warrant issued under subsection (2) shall be directed to a named person and shall be valid for a period of 1 month from the date of its issue or such lesser period as the judicial officer considers appropriate; and the period of validity shall be shown in the warrant.
4: Every person exercising the power of entry conferred by subsection (1) or subsection (2) shall carry a warrant of authority issued by the Chief Commissioner specifying—
a: the name and the office or offices held by the person; and
b: that the person is authorised by the Chief Commissioner to exercise the powers conferred by subsections (1) and (2) to enter any transport related thing and to carry out such inspection.
5: Every person exercising the power of entry conferred by subsection (1) or subsection (2) shall produce the warrant of authority and evidence of identity—
a: if practicable on first entering the transport related thing; and
b: whenever subsequently reasonably required to do so. Section 12 substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 12(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 12(1)﻿(c) substituted 13 August 1996 Transport Accident Investigation Commission Amendment Act 1996 Section 12(1)﻿(ca) added 13 August 1996 Transport Accident Investigation Commission Amendment Act 1996 Section 12(1)﻿(ca) paragraph number substituted 3 June 1998 section 2 Transport Accident Investigation Commission Amendment Act 1998
12A: Offences in respect of certain powers of investigation
1: Every person commits an offence who, without sufficient cause, fails to comply with a direction given by the Commission under section 12(1)﻿(ca)
2: Every person commits an offence who, without lawful authority, wilfully interferes with—
a: the site of any accident or incident or any transport related thing in respect of which access has been prohibited or restricted by the Commission under section 12(1)﻿(c)
b: any transport related thing that the Commission has directed be taken to any place under section 12(1)﻿(ca)
3: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000.
4: A constable constable Section 12A inserted 13 August 1996 Transport Accident Investigation Commission Amendment Act 1996 Section 12A(1) amended 3 June 1998 section 3(1) Transport Accident Investigation Commission Amendment Act 1998 Section 12A(2)﻿(b) amended 3 June 1998 section 3(2) Transport Accident Investigation Commission Amendment Act 1998 Section 12A(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
13: Accidents to be investigated
1: As soon as practicable after an accident or incident has been notified to the Commission under section 27 section 13(4) section 60
a:
b: the Commission believes that the circumstances of the accident or incident have, or are likely to have, significant implications for transport safety, or may allow the Commission to establish findings or make recommendations which may increase transport safety; or
c: in the case of an accident or incident that the Commission has decided not to investigate under paragraph (b), the Minister has directed the Commission to undertake an investigation in respect of that accident or incident.
2: Notwithstanding subsection (1), the Commission shall not investigate any maritime accident or incident where the implications of that accident or incident relate exclusively to the safety of persons employed or engaged solely to—
a: maintain a ship while it is not at sea; or
b: load or unload a ship; or
c: both— unless the Minister directs the Commission to investigate that accident or incident.
3: The duty to investigate an accident or incident referred to in subsection (1) shall include the power to investigate any aviation, maritime, or rail
4: The Commission may investigate such additional accidents or incidents notified to it in accordance with section 27 section 13(4) section 60
5: If an accident or incident has not been notified to the Commission in accordance with section 27 section 13(4) section 60 Maritime Transport Act 1994 paragraph (a) or paragraph (b) of subsection (1)
6: Where an accident or incident has not been notified to the Commission in accordance with section 27 section 13(4) section 60
a: where the Commission has decided not to investigate the accident or incident under subsection (5); or
b: where the accident is one that the Minister would direct the Commission to investigate under subsection (2) if the accident had been notified to the Commission,— direct the Commission to investigate the accident or incident, and in any such case, the Commission shall do so.
7: Where the Commission intends to undertake an investigation under this section, the Commission shall notify the Civil Aviation Authority, the New Zealand Transport Agency Maritime New Zealand
8: For the purpose of subsection (3), military Section 13 substituted 13 August 1996 Transport Accident Investigation Commission Amendment Act 1996 Section 13(1) amended 20 July 2005 section 103(3) Railways Act 2005 Section 13(1)﻿(a) repealed 10 September 1999 section 5 Transport Accident Investigation Commission Amendment Act 1999 Section 13(3) amended 20 July 2005 section 103(3) Railways Act 2005 Section 13(4) amended 20 July 2005 section 103(3) Railways Act 2005 Section 13(5) amended 20 July 2005 section 103(3) Railways Act 2005 Section 13(6) amended 20 July 2005 section 103(3) Railways Act 2005 Section 13(7) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 13(7) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004
14: Conduct of investigation
1: When an accident or incident is under investigation by the Commission, the Commission shall be in charge of that investigation.
2: The Commission shall permit the participation or representation of such foreign organisations in any investigation as is provided for in the Convention.
3: Except with the consent of the Commission, which consent shall not be unreasonably withheld Civil Aviation Authority, the New Zealand Transport Agency Maritime New Zealand
a: participate in any investigation being undertaken by the Commission; or
b: undertake any independent investigation at the site of any accident or incident being investigated by the Commission; or
c: examine or cause to be examined any material removed from the site of any accident or incident being investigated by the Commission ; or
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)
3A: Subsection (3) section 14H
4: Where the Commission refuses consent under subsection (3)
5: Where any preliminary report issued by the Commission states or infers that the conduct of any specified person has contributed to the cause of an accident or incident being investigated by the Commission, the Commission shall, before issuing a final report on the matter,—
a: give that person an opportunity to comment on or refute that statement, either in a statement in writing or at a hearing; and
b: have regard to that person's statement or other evidence.
6: Where an incident or accident referred to in section 13 Section 14(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 14(3) amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 14(3) amended 1 February 1995 section 203 Maritime Transport Act 1994 Section 14(3) amended 1 April 1993 Transport Accident Investigation Commission Amendment Act 1992 Section 14(3)﻿(c) amended 10 September 1999 section 6(1) Transport Accident Investigation Commission Amendment Act 1999 Section 14(3)﻿(d) added 10 September 1999 section 6(2) Transport Accident Investigation Commission Amendment Act 1999 Section 14(3)﻿(e) added 10 September 1999 section 6(2) Transport Accident Investigation Commission Amendment Act 1999 Section 14(3A) inserted 10 September 1999 section 6(3) Transport Accident Investigation Commission Amendment Act 1999
3: Disclosure and admissibility of transport accident and incident investigation information
Part 3 heading added 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
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 200A
ii: proceedings relating to an offence under the Armed Forces Discipline Act 1971
b: proceedings before any coroner or associate coroner
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 ; and
f: an inquiry to which section 6 Section 14A inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14A proceedings amended 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007 Section 14A proceedings amended 5 April 2023 section 36 Coroners Amendment Act 2023 Section 14A proceedings amended 27 August 2013 section 39 Inquiries Act 2013 Section 14A proceedings inserted 27 August 2013 section 39 Inquiries Act 2013
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) is—
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) Section 14B inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
14C: Circumstances of disclosure of cockpit recordings, and certain investigation records supplied to Commission
1: A record specified in subsection (2) may only be disclosed—
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 section 14F
c: under section 14Q
2: A record referred to in subsection (1) is—
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 (1) Section 14C inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
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) affects the admissibility of a record specified in section 14C(2)
4: A record specified in section 14C(2) section 14F section 14E
5: Nothing in this section renders admissible any record that is inadmissible under any other enactment or rule of law. Section 14D inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
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 the District Court under the District Court Act 2016 Employment Relations Act 2000
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) if—
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); and
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. Section 14E inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14E(1) amended 1 March 2017 section 261 District Court Act 2016 Section 14E(1) amended 2 October 2000 section 240 Employment Relations Act 2000
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 the District Court under the District Court Act 2016 Employment Relations Act 2000
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. Section 14F inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14F(1) amended 1 March 2017 section 261 District Court Act 2016 Section 14F(1) amended 2 October 2000 section 240 Employment Relations Act 2000
14G: Provisions relating to application under section 14E or section 14F
1: Subject to this section, an application under section 14E 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) from any part of the hearing of the application.
6: The court may adjourn the hearing of an application under section 14E section 14F
7: Subsection (6) does not limit any other power of the court to adjourn proceedings.
8: For the purpose of subsection (2)﻿(b), a person's next of kin may include that person's civil union partner or de facto partner. Section 14G inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14G(8) added 26 April 2005 section 7 Relationships (Statutory References) Act 2005
14H: Court may order record to be produced
1: For the purpose of determining whether a record should be disclosed under section 14E section 14F
2: Subject to section 14J Section 14H inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
14I: Restriction on publication of reports of proceedings
1: No person may publish any report of an application under section 14E section 14F
2: Despite subsection (1), a person may publish—
a: the names and addresses of the parties:
b: the name of the presiding Judge or Master:
c: the order made by the court. Section 14I inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
14J: Further provisions relating to disclosure of record
1: If the High Court makes a disclosure order under section 14E 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 section 14F Section 14J inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
14K: Certain actions do not constitute disclosure
The following actions do not constitute disclosure of a record referred to in section 14B 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) section 14C(3) Section 14K inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
14L: Offences relating to disclosure of records
1: Every person commits an offence who discloses a record specified in section 14B(2) section 14C(2)
2: Every person commits an offence who contravenes section 14J(2)
3: Every person who commits an offence against this section is liable on
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. Section 14L inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14L(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
14M: Offences relating to publication of reports of proceedings or publication of records
1: Every person commits an offence who contravenes section 14I section 14J(4)
2: Every person who commits an offence against this section is liable on
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. Section 14M inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14M(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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 inquiry or an associate coroner’s inquiry
b: an application for review of a decision of the Commission. Section 14N inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14N(a) amended 5 April 2023 section 36 Coroners Amendment Act 2023 Section 14N(a) amended 1 July 2007 section 146 Coroners Act 2006
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. Section 14O inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
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) section 14C(2) Section 14P inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
14Q: Disclosure of personal information under
Privacy Act 2020
1: A record specified in any of paragraphs (a), (b), and (c) of section 14B(2) section 14C(2) information privacy principle 6 set out in section 22
2: For the purposes of subsection (1), a person is the supplier of a record if the person—
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) section 14C(1)
4: Nothing in this section limits sections 49 to 53
5: This section is subject to section 14(3) Section 14Q inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999 Section 14Q heading amended 1 December 2020 section 217 Privacy Act 2020 Section 14Q(1) amended 1 December 2020 section 217 Privacy Act 2020 Section 14Q(4) amended 1 December 2020 section 217 Privacy Act 2020
14R: Application of Official Information Act 1982 to record specified in section 14B(2) or section 14C(2)
Nothing in the Official Information Act 1982 section 14B(2) section 14C(2) Section 14R inserted 10 September 1999 section 7 Transport Accident Investigation Commission Amendment Act 1999
15: Commission to complete certain former investigations
Section 15 repealed 10 September 1999 section 9 Transport Accident Investigation Commission Amendment Act 1999
16: Amendment to Ombudsmen Act 1975
Section 16 repealed 10 September 1999 section 9 Transport Accident Investigation Commission Amendment Act 1999