Western Australian Numbered Acts Western Australian Numbered Acts (1) Before giving a
report under section 133(1), the independent investigator may provide a
draft report or an excerpt from a draft report, on a confidential basis, to
any person whom the independent investigator considers appropriate, for any
one or more of the following purposes —
(a)
allowing the person to make submissions to the independent investigator about
the draft report or excerpt;
(b)
taking steps to remedy safety deficiencies that are identified in the draft
report or excerpt;
(c)
giving the person advance notice of the likely form of the final report.
(2) A person who
receives a draft report or an excerpt under subsection (1) or (3)
must not —
(a) make
a copy of the whole or any part of the draft report or excerpt; or
(b)
disclose any of the contents of the draft report or excerpt to any other
person or to a court.
Penalty: a fine of $55 000.
(3)
Subsection (2) does not apply to any copying or disclosure that is
necessary for the purpose of —
(a)
preparing submissions on the draft report or excerpt; or
(b)
taking steps to remedy safety deficiencies that are identified in the draft
report or excerpt.
(4) A person who
receives a draft report or excerpt under subsection (1) or (3)
cannot be required to disclose it to a court.
(5) A person who
receives a draft report or excerpt under subsection (1) or (3) is
not entitled to take any disciplinary action against an employee of the person
on the basis of information in the draft report or excerpt.
(6) A draft report or
excerpt provided under subsection (1) must not include the name of an
individual unless he or she has consented in writing to that inclusion.
(7) The
Coroners Act 1996 sections 33(1)(b) and (c) and 46(1)(a) do not
apply to a draft report or excerpt.