Western Australian Numbered Acts Western Australian Numbered Acts (1) This section
applies to a person engaged or previously engaged in the administration of
this Act and without limiting the foregoing to the following —
(a) a
rail safety officer or a person assisting a rail safety officer;
(b) an
independent investigator or authorised officer;
(c) a
person authorised by the Rail Safety Regulator or rail safety officer under a
provision of this Act to do the act or thing provided for in that provision;
(d) a
person who is or was a delegate of the Rail Safety Regulator;
(e) a
person who is or was employed by, or engaged to provide services to or on
behalf of, the Rail Safety Regulator;
(f) a
person who is or was employed by, or engaged to provide services to, a person
or body engaged to provide services to the Rail Safety Regulator.
(2) Subject to
Part 6 Division 6, a person to whom this section applies must not
disclose or communicate information obtained (whether by that person or
otherwise) in the administration of this Act except —
(a) as
required or authorised under this or any other Act; or
(b) with
the consent of the person from whom the information was obtained or to whom
the information relates; or
(c) in
connection with the administration of rail safety laws or corresponding rail
safety laws; or
(d) for
law enforcement purposes, an investigation under section 83 or public
safety; or
(e) for
the purpose of enforcing the provisions of the Occupational Safety and Health
Act 1984 ; or
(f) to a
court or in connection with any legal proceedings; or
(g) in
accordance with the regulations.
Penalty: a fine of $55 000.
(3) Nothing in this
section prevents information being used to enable an Australian Rail Safety
Regulator to accumulate aggregate data and to enable the Australian Rail
Safety Regulator to authorise use of the aggregate data for the purposes of
research or education.