Reg 15(1) of the Navigation (Marine Casualty) Regulations 1990 (Cth), as amended, precludes production of investigation documents to a court by subpoena, but the court retains power under reg 15(5) to order disclosure where the public benefit in the administration of justice outweighs any possible effect on future investigations. The applicant is not required to establish an exceptional case. Relevant factors include the age of the investigation, the consent of the witness, the materiality of the evidence, the absence of pending similar investigations, and the nature of the witness's relationship with the vessel's operators.
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