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(b) copying or disclosure for the purposes of the investigation of any
offence against a law of the Commonwealth, a State or a Territory; or
(c) disclosure of CVR information to a court in criminal proceedings
against a person who is not a crew member; or
(d) disclosure of CVR information to a court in criminal proceedings
against a person who is a crew member for an offence against a law
of the Commonwealth, a State or a Territory punishable by a
maximum penalty of imprisonment for life or more than 2 years,
where:
(i) the offence does not arise as a result of an act done or omitted
to be done in good faith in the performance of the person’s
duties as a crew member; and
(ii) the court makes a public interest order under subsection (4) in
relation to the CVR information; or
(e) disclosure to a court in damages proceedings where the court makes
a public interest order under subsection (4) in relation to the CVR
information.
Note: A defendant bears an evidential burden in relation to a matter in subsection (3). See
subsection 13.3 (3) of the Criminal Code.
(4) If the court is satisfied that, in the circumstances of the case, the public
interest in the proper determination of a material question of fact
outweighs:
(a) the public interest in protecting the privacy of members of crews of
aircraft; and
(b) any adverse domestic and international impact that the disclosure of
the information might have on any future investigation under the
Transport Safety Investigation Act 2003;
then the court may order such disclosure.
(5) The court may direct that CVR information, or any information obtained
from the CVR information, must not:
(a) be published or communicated to any person; or
(b) be published or communicated except in such manner, and to such
persons, as the court specifies.
(6) If a person is prohibited by this section from disclosing CVR
information, then:
(a) the person cannot be required by a court to disclose the information;
and
(b) any information disclosed by the person in contravention of this
section is not admissible in any civil or criminal proceedings (other
than proceedings against the person under this section).
Civil Aviation Act 1988 71
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
32AQ CVR information no ground for disciplinary action
A person is not entitled to take any disciplinary action against a crew member
on the basis of CVR information.
32AR Admissibility of CVR information in criminal proceedings against
crew members
CVR information, and any information or thing obtained as a direct or indirect
result of the use of CVR information, is not admissible in evidence in criminal
proceedings against a crew member, except where:
(a) the CVR information has been disclosed in the proceedings because
of the operation of paragraph 32AP(3) (d); or
(b) the criminal proceedings are for an offence against this Part.
32AS Admissibility of CVR information in civil proceedings
(1) CVR information is not admissible in evidence in civil proceedings
unless the court makes a public interest order under subsection (3) in
relation to the CVR information.
(2) A party to damages proceedings may, at any time before the
determination of the proceedings, apply to the court in which the
proceedings have been instituted for an order that CVR information be
admissible in evidence in the proceedings.
(3) If such an application is made, the court must examine the CVR
information and if the court is satisfied that:
(a) a material question of fact in the proceedings will not be able to be
properly determined from other evidence available to the court; and
(b) the CVR information or part of the CVR information, if admitted in
evidence in the proceedings, will assist in the proper determination
of that material question of fact; and
(c) in the circumstances of the case, the public interest in the proper
determination of that material question of fact outweighs:
(i) the public interest in protecting the privacy of members of
crews of aircraft; and
(ii) any adverse domestic and international impact that the
disclosure of the information might have on any future
investigation under the Transport Safety Investigation Act
2003;
then the court may order that the CVR information, or that part of the
CVR information, be admissible in evidence in the proceedings.
32AT Examination by a court of CVR information under subsection
32AS(3)
(1) This section applies if a court examines CVR information under
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