Rail Safety National Law (WA)

This section applies if a person obtains information or gains access to a document in exercising any power or function under this Law.

The person must not do any of the following:

disclose to anyone else —

the information; or

the contents of or information contained in the document;

give access to the document to anyone else;

use the information or document for any purpose.

in the case of an individual — $10 000;

in the case of a body corporate — $50 000.

Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document —

about a person, with the person’s consent; or

that is necessary for the exercise of a function or power under this Law; or

that is made or given by ONRSR, a member of ONRSR, or a person authorised by ONRSR, if ONRSR reasonably believes the disclosure, access or use —

is necessary for administering, or monitoring or enforcing compliance with, this Law; or

is necessary for the administration or enforcement of an Act prescribed by the national regulations; or

is necessary for the administration or enforcement of an Act or other law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or

that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or

that is made or given in accordance with the Freedom of Information Act 1991 of South Australia as applied by this Law (including any provisions of the national regulations made under section 263); or

that is required or authorised under any other law; or

to a Minister of a participating jurisdiction.

A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless —

the disclosure is made with the consent of the complainant; or

the disclosure is required under a law.

in the case of an individual — $10 000;

in the case of a body corporate — $50 000.

Nothing in this section prevents information being used to enable ONRSR to accumulate aggregate data and to enable ONRSR to authorise use of the aggregate data for the purposes of research or education.