Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 81

Destruction of identifying information

81. Destruction of identifying information



(1) In this section, relevant offence means-

   (a)  an offence under section 76(1)(b) or (f); or

   (b)  any other offence arising out of the same circumstances; or

   (c)  any other offence in respect of which the evidence obtained as a
        result of the assessment of drug impairment has probative value.

(2) If an assessment of drug impairment has been carried out on a rail safety
worker under section 79 and-

   (a)  the rail safety worker has not been charged with a relevant offence at
        the end of the period of 12 months after the assessment; or

   (b)  the rail safety worker has been so charged but the charge is not
        proceeded with or the rail safety worker is not found guilty of the
        offence, whether on appeal or otherwise, before the end of that
        period-

the Safety Director or Chief Commissioner of Police (as the case requires)
must, subject to subsection (4), destroy, or cause to be destroyed, at the
time specified in subsection (3) any video-recording made of the assessment
and any related material and information.

(3) A video-recording and any related material and information referred to in
subsection (2) must be destroyed-

   (a)  in a case to which subsection (2)(a) applies, immediately after that
        period of 12 months; or

   (b)  in a case to which subsection (2)(b) applies-

   (i)  within 1 month after the conclusion of the proceeding and the end of
        any appeal period; or

   (ii) if the proceeding has been adjourned under section 75 of the
        Sentencing Act 1991, within 1 month after dismissal under that
        section.

(4) A transport safety officer or member of the police force (as the case
requires) may, before the end of a period referred to in subsection (3)(b),
apply without notice to the Magistrates' Court for an order extending that
period and, if the Court makes such an order, the reference to the period in
subsection (3) is a reference to that period as so extended.

(5) If the Magistrates' Court makes an order under subsection (4), it must
give reasons for its decision and cause a copy of the order to be served on
the person on whom the assessment of drug impairment was carried out.

(6) If a video-recording or related material and information is required to be
destroyed in accordance with this section, the Safety Director or Chief
Commissioner of Police (as the case requires) must, if the rail safety worker
on whom the assessment was carried out so requests, within 14 days after
receiving the request, notify that rail safety worker in writing whether the
destruction has occurred.

(7) A person who knowingly-

   (a)  fails to destroy; or

   (b)  uses, or causes or permits to be used-

a video-recording or related material and information required by this section
to be destroyed is guilty of an offence punishable by a fine of not more than
120 penalty units or to imprisonment for a term of not more than 12 months.

(8) A person who at any time uses, or causes or permits to be used, or
otherwise disseminates information derived from any video-recording or related
material and information required by this section to be destroyed except in
good faith for the purposes of a relevant offence is guilty of an offence
punishable by a fine of not more than 120 penalty units or to imprisonment for
a term of not more than 12 months.