Limits on functions of Chief Investigator
45AA Limits on functions of Chief Investigator
The following are not functions of the Chief Investigator—
to apportion blame for transport safety matters,
to provide the means to determine the liability of any person in respect of a transport safety matter,
to assist in court proceedings between parties (except as provided by or under this or any other Act, whether expressly or impliedly),
to allow any adverse inference to be drawn from the fact that a person was involved in a transport safety matter.
However, even though blame or liability may be inferred, or an adverse inference may be made, by a person other than the Chief Investigator, this does not prevent the Chief Investigator from carrying out the Chief Investigator’s functions.
To avoid doubt, this section does not prevent the prosecution of any offence under this Act, the Passenger Transport Act 1990, the Rail Safety National Law (NSW) or any other Act.
This Act’s bill:Explanatory memorandum
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