Transport Integration Act matters
9.1 Any request for information by the Chief Investigator or Victoria Police will be provided to each other in writing.
9.2 Subject to clause 9.3, the Chief Investigator may disclose information and results of any investigations conducted if the Chief Investigator considers that the disclosure is necessary or desirable for the purposes of public transport safety or marine safety.
9.3 If Victoria Police considers that a disclosure by the Chief Investigator of information or the results of any investigation conducted would or may have a detrimental impact or other effect on a police investigation or criminal proceeding, it may ask the Chief Investigator to not disclose that information or those results at that time. If such a request is made, the Chief Investigator agrees to consider the request to not disclose the relevant information or report. Victoria Police acknowledges that the Chief Investigator may be required to disclose information or a report by law. Victoria police will advise the Chief Investigator when such disclosure will no longer affect a police investigation or criminal proceeding.
9.4 If Victoria Police requires a report from the Chief Investigator to be included in a coronial brief, a formal request must be made to the Chief Investigator.
9.5 Victoria Police will provide the Chief Investigator with information from the commercial and recreational vessel registration database to assist with the investigation.
9.6 Victoria Police will access, use and disclose the information held in accordance with the Privacy and Data Protection Act 2014 (Vic.) and the Protective Data Security Standards.
9.7 The Chief Investigator will access, use and disclose information held in accordance with the Transport (Compliance and Miscellaneous) Act, Transport (Safety Schemes Compliance and Enforcement) Act, the Code of Conduct for Victorian Public Sector Employees 2015 (issued by the Victorian Public Sector Commissioner under section 61 of the Public Administration Act 2004) and the Protective Data Security Standards.
9.8 If the Chief Investigator requires access to Law Enforcement Data it will notify Victoria Police of its requirements and, if requested, ensure that those of its investigators and other personnel who require access to that data or information execute a confidentiality undertaking in favour of Victoria Police (in a form acceptable to Victoria Police) prior to being granted access.
Transport Safety Investigation Act matters
9.9 Where a Special Investigator requires evidential material from Victoria Police, the Special Investigator will issue a notice pursuant to section 32 of the Transport Safety Investigation Act for that material. This will ensure that the material is protected as ‘restricted information’ under Division 2 of Part 6 of the Transport Safety Investigation Act. When a request for information is not directed to Victoria Police by a section 32 notice, Victoria Police may request the issue of a notice prior to the release of the requested information.
9.10 Any information provided by Victoria Police to a Special Investigator under clause 9.9 may only be disclosed in accordance with the Transport Safety Investigation Act.
9.11 Any request for information by Victoria Police to the Chief Investigator must be provided in writing setting out the nature of the information sought.
9.12 It is understood that information obtained or generated by the Chief Investigator in an investigation under the Transport Safety Investigation Act will be ‘restricted
9.13 A request under clause 9.12 that seeks ‘restricted information’ will be actioned in accordance with the Transport Safety Investigation Act and subject to applicable ATSB policies and procedures.
9.14 It is understood that a report of an investigation under the Transport Safety Investigation Act is inadmissible in any court proceedings other than a coronial inquiry.
9.15 If Victoria Police considers that publication by the ATSB of a report of an investigation conducted under the Transport Safety Investigation Act would or may have a detrimantal impact or other affect on a police investigation or criminal proceeding , it may submit a written request to the Chief Investigator asking that the ATSB not publish the report at that time.
9.16 The Chief Investigator agrees to forward that request to the Chief Commissioner (ATSB). When a response is received from the Chief Commissioner of the ATSB the Chief Investigator will advise Victoria Police.
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