RAIL SAFETY NATIONAL LAW (NSW) - SECT 132 Admissibility of evidence of train safety recordings in civil proceedings

RAIL SAFETY NATIONAL LAW (NSW) - SECT 132

132 Admissibility of evidence of train safety recordings in civil proceedings

(1) A train safety recording is not admissible in evidence in any civil proceedings against a rail safety worker.

(2) A party to civil 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 a train safety recording, or part of a train safety recording, be admissible in evidence in the proceedings.

(3) If an application is made to a court under subsection (2), the court must--

(a) examine the train safety recording; and

(b) if 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 train safety recording, or a part of the train safety recording, if admitted in evidence in the proceedings, will assist in the proper determination of that material question of fact; and

(iii) in the circumstances of the case, the public interest in the proper determination of that material question of fact outweighs the public interest in protecting the privacy of rail safety workers,

the court may order that the train safety recording, or that part of the train safety recording, be admissible in evidence in the proceedings.

(4) If the court makes an order referred to in subsection (3), the train safety recording is (despite subsection (1)) admissible in evidence in the proceedings.

Note : Part 6 of the Transport Safety Investigation Act 2003 of the Commonwealth provides for limitations on the disclosure and use of train safety recordings in court proceedings.