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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety (Disclosure of Information) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. Substitution of section 92 2
92. Disclosure of information 2
5. Consequential amendments 6
6. Repeal 7
7. Statute law revision 7
NOTES 9
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PARLIAMENT OF VICTORIA
A BILL
to amend the Road Safety Act 1986 and the Crimes Act 1958 with
respect to the disclosure of information from the records of the Roads
Corporation and for other purposes.
Road Safety (Disclosure of Information)
Act 1997
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to amend the Road Safety Act 1986 with
respect to disclosure and use of information
5 held by the Roads Corporation; and
(b) to repeal the procedure set out in sections
456A to 456F of the Crimes Act 1958; and
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(c) to make amendments of a statute law
revision nature.
2. Commencement
(1) Sections 1, 3 and 7 and this section come into
5 operation on the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
10 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 September 1997,
it comes into operation on that day.
3. Principal Act
No. 127/1986. In this Act, the Road Safety Act 1986 is called
Reprinted to
15 the Principal Act.
No. 58/1995
and
subsequently
amended by
Nos 100/1995,
25/1996 and
37/1996.
4. Substitution of section 92
For section 92 of the Principal Act substitute--
'92. Disclosure of information
(1) In this section--
20 "confidentiality agreement" means an
agreement referred to in sub-section
(4);
"relevant person" means a person who is or
has been a delegate of or employed by
25 or engaged to provide services for--
(a) the Corporation; or
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(b) another person or body engaged to
provide services for the
Corporation;
"Victorian law enforcement agency"
5 means--
(a) the police force of Victoria; or
(b) any other authority or person
responsible for the investigation
or prosecution of offences against
10 the laws of Victoria or the
delegates or employees of, or
persons engaged to provide
services for, such authority or
person; or
15 (c) a person authorised by the laws of
Victoria to execute a warrant.
(2) Subject to this section, the Corporation or a
relevant person must not--
(a) disclose information gained by the
20 Corporation or in the course of the
delegation, employment or engagement
of the relevant person that is
information of a personal nature or that
has commercial sensitivity for the
25 person about whom it is kept; or
(b) use the person's knowledge of any such
information.
Penalty: 100 penalty units.
(3) Sub-section (2) does not prevent the
30 disclosure or use of information in
accordance with the regulations, if any--
(a) in connection with the administration of
this Act or the regulations; or
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(b) for the purposes of any legal
proceedings arising out of this Act or
the regulations, or of any report of such
proceedings; or
5 (c) to the Transport Accident Commission;
or
(d) for the purposes of the investigation or
prosecution by a Victorian law
enforcement agency of offences of any
10 kind; or
(e) for the purposes of the enforcement by
a Victorian law enforcement agency
of--
(i) judgments and orders of courts in
15 their criminal jurisdiction; or
(ii) infringement penalties by the
procedure set out in Schedule 7 to
the Magistrates' Court Act 1989;
or
20 (f) for the purposes of the enforcement by
the sheriff of judgments and orders of
courts in their civil jurisdiction; or
(g) for the purposes of the Crimes
(Confiscation of Profits) Act 1986; or
25 (h) in accordance with an arrangement
between a Minister of the Crown in
right of Victoria and a Minister of the
Crown in right of the Commonwealth
or another State or a Territory, for the
30 purposes of the investigation or
prosecution of an offence against the
laws of the Commonwealth or that
other State or Territory or the
enforcement of a judgment or order of a
35 court in such a prosecution; or
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(i) about a person if the Corporation
believes on reasonable grounds that the
disclosure or use is necessary to
prevent or lessen a serious and
5 imminent threat to the life or health of
the person or another person; or
(j) to or by a court in compliance with a
witness summons or a subpoena issued
by it or an order made by it; or
10 (k) to or by the person to whom the
information relates; or
(l) to or by a person who is expressly
authorised in writing by the person to
whom the information relates to obtain
15 it; or
(m) the disclosure or use of which is
required or authorised by law for
another purpose.
(4) Subject to sub-section (5), if--
20 (a) a person (other than a relevant person
or a person referred to in sub-section
(3)(j), (k) or (l)) or an authority
requests information from the
Corporation; and
25 (b) the information may be disclosed or
used under this section--
the Corporation must first enter into a
confidentiality agreement with the person or
authority--
30 (c) specifying the purposes for which the
information is required; and
(d) specifying the means by which the
information will be provided by the
Corporation; and
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(e) specifying the means by which the
confidentiality of the information will
be protected; and
(f) including an undertaking by the person
5 or authority that the information will
only be used for the purposes specified
in the agreement.
(5) Sub-section (4) does not apply if --
(a) the Corporation has entered into a
10 confidentiality agreement, which is in
operation, with the delegator, employer,
contractor or principal of the person or
authority making the request; and
(b) the person or authority making the
15 request is acting within the scope of
their actual or apparent authority under
the delegation, employment,
contractual relationship or agency.
(6) A person who obtains information under a
20 confidentiality agreement must not disclose
or use the information other than for a
purpose specified in the agreement (whether
or not the person is a party to the agreement).
Penalty: 100 penalty units.
25 (7) A person must not use information knowing
it to be disclosed or used in contravention of
this section or a confidentiality agreement.
Penalty: 100 penalty units.'.
5. Consequential amendments
30 (1) In section 9(1A) of the Principal Act, for "given to
a law enforcement agency within the meaning of
Subdivision (29B) of Division 1 of Part III of the
Crimes Act 1958 in accordance with that
Subdivision" substitute "disclosed or used for
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investigation, law enforcement and other purposes
in accordance with section 92".
(2) In section 23A of the Principal Act, for "given to a
law enforcement agency within the meaning of
5 Subdivision (29B) of Division 1 of Part III of the
Crimes Act 1958 in accordance with that
Subdivision" substitute "disclosed or used for
investigation, law enforcement and other purposes
in accordance with section 92".
10 6. Repeal
Subdivision (29B) of Division 1 of Part III of the
Crimes Act 1958 is repealed.
7. Statute law revision
In the Principal Act--
15 (a) in section 3(1), omit the definition of
"registered owner";
(b) in section 3(1), after the definition of
"registered medical practitioner" insert--
' "registered owner", in relation to a motor
20 vehicle or trailer, means the person in
whose name it is registered;';
(c) in section 3(1), omit the definition of
"tailgating infringement";
(d) in section 3(1), after the definition of
25 "serious injury" insert--
' "tailgating infringement" means an
offence under section 87A;';
(e) in section 3(1), in paragraph (h) of the
definition of "traffic infringement", after
30 "which is" insert "a";
(f) in section 66(3)(b), for "time; or" substitute
"time.".
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Road Safety (Disclosure of Information) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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