Rail Management Act 1996

This section applies if—

information or a document is given to a regulatory entity under an information requirement; and

at the time the information or document is given, the person giving it states that it is of a confidential or commercially sensitive nature.

Before a regulatory entity makes a decision under subsection (3), the entity must—

give the person giving the information or document an opportunity to make a submission to the entity specifying—

why the information or document is of a confidential or commercially sensitive nature; and

the detriment that would be caused by the disclosure of the information or document; and

consider any submission made by that person.

A regulatory entity must not disclose the information or the contents of the document to any person unless—

the regulatory entity is of the opinion—

that the disclosure of the information or document would not cause detriment to the person giving it; or

that although the disclosure of the information or document would cause detriment to the person giving it, the public benefit in disclosing it outweighs that detriment; and

the regulatory entity is of the opinion, in relation to any other person who is aware of the information or the contents of the document and who might be detrimentally affected by the disclosure—

that the disclosure of the information or document would not cause detriment to that person; or

that although the disclosure of the information or document would cause detriment to that person, the public benefit in disclosing it outweighs that detriment; and

the regulatory entity gives the person who gave the information or document a written notice—

stating that the entity wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and setting out detailed reasons why the entity wishes to make the disclosure; and

stating that the entity is of the opinion required by paragraph (a) and setting out detailed reasons why it is of that opinion; and

setting out a copy of this section; and

if the regulatory entity is aware that the person who gave the information or document in turn received the information or document from another person and is aware of that other person's identity and address, the entity gives that other person a written notice—

containing the details required by paragraph (c); and

stating that the entity is of the opinion required by paragraph (b) in relation to the other person and setting out detailed reasons why it is of that opinion.

Subsection (3) does not prevent—

the Minister from disclosing information or the contents of a document to—

a person employed in the Department under Part 3 of the Public Administration Act 2004; or

a person engaged by the Minister or the Secretary to assist the Minister to perform the Minister's functions or exercise the Minister's powers under this Part; or

the Head, Transport for Victoria from disclosing information or the contents of a document to—

a person employed in the Department under Part 3 of the Public Administration Act 2004; or

a consultant, contractor or agent engaged by the Head, Transport for Victoria for the purpose of assisting the Head, Transport for Victoria to perform its functions or exercise its powers under this Part.

For the purposes of this section, the disclosure of anything that is already in the public domain at the time a regulatory entity wishes to disclose it can not cause detriment to any person referred to in subsection (3)(a) or (b).