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Inspector of Transport Security Bill 2006

Part 6 Reports

Division 1 Simplified outline

50   Simplified outline

                   The following is a simplified outline of this Part:

Once an inquiry is completed, the Inspector must make a report to the Minister setting out his or her conclusions and recommendations.

However, before making that final report, the Inspector must give anyone who would be adversely affected by the publication of the report the opportunity to comment on a draft. The Inspector may also release a draft report to another person for the purpose of allowing submissions to be made or advance notice of the contents of the final report to be given.

Some kinds of particularly sensitive information cannot be disclosed in this way.

A person who receives a draft report is allowed to copy, record, use and disclose the report for the purpose of making a submission or remedying a security deficiency identified in the report.

To facilitate frank submissions being given on the draft report, certain immunities are given to those who act honestly and reasonably in making those submissions.

A person cannot be subjected to disciplinary action on the basis of a draft report.

The final report can contain any of the information given to the Inspector in the course of his or her inquiry. However, there are limits on the circumstances in which the Minister may disclose information contained in the report, particularly sensitive information.

If, in the course of an inquiry, the Inspector forms the view that a matter into which he or she is conducting an inquiry demonstrates no significant problem in, and has no significant implications for, the security of transport or security regulated offshore facilities, the Inspector must make a report to this effect to the Minister. This is an interim report.

As a result of an interim report, the direction under which the inquiry is being conducted will be revoked, and so the inquiry will come to an end.

Reports are not admissible in proceedings.



 

Division 2 Interim reports

51   Interim report—no security issue found

             (1)  If, in the course of an inquiry conducted in accordance with a direction of the Minister under section 11, it becomes apparent to the Inspector that a transport security matter or an offshore security matter demonstrates no significant problem in, and has no significant implications for, the security of transport or security regulated offshore facilities, the Inspector must give an interim report to the Minister setting out his or her conclusions.

             (2)  The Minister must, as soon as practicable after receiving the interim report, revoke the direction under which the inquiry is being conducted.

             (3)  Nothing in this section affects the power of the Minister to revoke or amend a direction under section 11 for any other reason.

             (4)  The Inspector may include protected information, OBR information, CVR information, and restricted information given to the Inspector by the Executive Director, in the interim report.

52   Disclosure of interim reports

Circumstances in which interim report may be disclosed

             (1)  Subject to subsections (3) to (6), the Minister may:

                     (a)  give a copy of all or part of the interim report to any person or government agency, if the Minister believes that it is, on balance, in the public interest to do so; and

                     (b)  table a copy of the interim report, or part of the interim report, in the Parliament, if the Minister thinks that it is, on balance, in the public interest to do so.

Disclosure to State or Territory in which a surface transport aspect of a transport security matter occurs

             (2)  Subject to subsections (3) to (6), the Minister must disclose any part of the interim report that relates to a surface transport aspect of a transport security matter to the Transport Minister of the State or Territory in which that aspect of the matter occurred.

Interim reports containing protected information

             (3)  The Minister must not give a person or government agency a copy of, or table in the Parliament, any part of an interim report that contains protected information given to the Inspector by a government agency, without the prior agreement of that agency, if the disclosure of the information may:

                     (a)  compromise an investigation that is being conducted by the government agency; or

                     (b)  have a substantial adverse effect on the proper and efficient conduct of the operations of the government agency.

Interim reports containing OBR information or CVR information

             (4)  The Minister must not give a person or government agency a copy of, or table in the Parliament, any part of an interim report that contains OBR information or CVR information, unless the information is already publicly available.

Interim reports containing restricted information given to the Inspector by the Executive Director

             (5)  The Minister must not give to a person or government agency, or table in the Parliament, any part of an interim report that contains restricted information given to the Inspector by the Executive Director, without the prior agreement of the Executive Director, if the disclosure of the information may:

                     (a)  compromise an investigation that is being conducted by the Executive Director; or

                     (b)  have a substantial adverse effect on the proper and efficient conduct of the operations of the Executive Director.

Interim reports relating to surface transport aspects of a matter

             (6)  The Minister must not give a person or government agency a copy of, or table in the Parliament, any part of an interim report that relates to a surface transport aspect of a transport security matter without the agreement of the Transport Minister of the State or Territory in which that aspect of the matter occurred.

53   Admissibility of interim reports

                   An interim report is not admissible in any proceedings.



 

Division 3 Draft reports

54   Information that may be included in draft reports

                   The Inspector may include protected information, OBR information, CVR information, and restricted information given to the Inspector by the Executive Director, in a draft report.

55   Disclosure of draft reports

Disclosure to persons who may be adversely affected by a report

             (1)  Subject to subsections (4) to (8), the Inspector must make reasonable efforts to give any person or government agency who may be adversely affected by material in a draft report if the material were disclosed to another person, so much of the draft report as contains that material, for the purposes of:

                     (a)  allowing the person or government agency to make submissions to the Inspector about the material; or

                     (b)  giving the person or government agency advance notice of the likely form of the final report.

Disclosure to State or Territory in which a surface transport aspect of a transport security matter occurs

             (2)  Subject to subsections (4) to (8), the Minister must disclose any part of a draft report that relates to a surface transport aspect of a transport security matter to the Transport Minister of the State or Territory in which that aspect of the matter occurred.

Disclosure to other persons

             (3)  Subject to subsections (4) to (8), if the Inspector believes it is appropriate, the Inspector may give all or part of a draft report to any person or government agency for the purposes of:

                     (a)  allowing the person or government agency to make submissions to the Inspector about the draft report; or

                     (b)  giving the person or government agency advance notice of the likely form of the final report.

Draft reports containing protected information

             (4)  The Inspector must not give a person or government agency a copy of any part of a draft report that contains protected information given to the Inspector by a government agency, without the prior agreement of that agency, if the disclosure of the information may:

                     (a)  compromise an investigation that is being conducted by the agency; or

                     (b)  have a substantial adverse effect on the proper and efficient conduct of the operations of the agency.

Draft reports containing OBR information or CVR information

             (5)  The Inspector may only give a part of a draft report that contains OBR information or CVR information to a person or government agency under paragraph (1)(a) or (3)(a) if it is necessary to do so to allow the person or government agency to understand the conclusions made in the draft.

             (6)  The Inspector may only give a part of a draft report that contains OBR information or CVR information to a person or government agency under paragraph (1)(b) or (3)(b) if the information is already publicly available.

Draft reports containing restricted information given to the Inspector by the Executive Director

             (7)  The Inspector must not, without the prior agreement of the Executive Director, give any part of a draft report that contains restricted information given to the Inspector by the Executive Director to a person or government agency, if the disclosure may:

                     (a)  compromise an investigation that is being conducted by the Executive Director; or

                     (b)  have a substantial adverse effect on the proper and efficient conduct of the operations of the Executive Director.

Draft reports relating to surface transport aspects of a matter

             (8)  The Inspector must not give any part of a draft report that relates to a surface transport aspect of a transport security matter to a person or government agency without the agreement of the Transport Minister of the State or Territory in which that aspect of the matter occurred.

56   Copying, recording, disclosing and using draft report

             (1)  A person commits an offence if:

                     (a)  the person receives a draft report under section 55 or as a result of a disclosure permitted under subsection (2) of this section; and

                     (b)  the person does any of the following:

                              (i)  copies, or makes a record of, any part of the report;

                             (ii)  uses any part of the report;

                            (iii)  discloses any of the contents of the report to any person or to a court, tribunal or coroner.

Penalty:  Imprisonment for 2 years.

             (2)  Subsection (1) does not apply to any conduct that is necessary for the purpose of:

                     (a)  preparing submissions on the draft report; or

                     (b)  taking steps to remedy security deficiencies that are identified in the draft report.

Note:          A defendant bears an evidential burden in relation to a matter in subsection (2): see subsection 13.3(3) of the Criminal Code .

             (3)  A person who receives a draft report under section 55, or as a result of a disclosure permitted under subsection (2) of this section, cannot be required to disclose it to a court, tribunal or coroner.

             (4)  A person who receives a draft report under section 55, or as a result of a disclosure permitted under subsection (2) of this section, is not entitled to take any disciplinary action against an employee of the person on the basis of information in the report.

57   Submissions on a draft report

                   A person who acts honestly and reasonably in making a submission to the Inspector on a draft report is not liable:

                     (a)  to any proceedings for contravening any other law because of that conduct; or

                     (b)  to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct; or

                     (c)  to disciplinary action, or to a disciplinary sanction, of any kind because of that conduct.

58   Admissibility of draft reports

                   A draft report is not admissible in any proceedings.



 

Division 4 Final reports

59   Final report

             (1)  The Inspector must give a final report in writing to the Minister in relation to each inquiry conducted on the direction of the Minister under section 11, provided the direction has not been revoked.

             (2)  The Inspector must give the Minister the final report:

                     (a)  if the Minister specifies a period under subsection 11(3) within which the Inspector’s inquiry is to be completed—before the end of that period; or

                     (b)  otherwise—as soon as practicable after the Inspector’s inquiry is completed.

             (3)  The final report must set out the Inspector’s conclusions and recommendations as a result of the inquiry.

             (4)  The Inspector may include protected information, OBR information, CVR information, and restricted information given to the Inspector by the Executive Director, in the final report.

             (5)  If the Inspector has provided a draft report to a person or government agency under section 55, the Inspector must take into account, in preparing the final report, any submissions made by the person or government agency in response to that draft report.

             (6)  The Inspector may make recommendations to the Minister on whether all, or a specified part, of the final report should be disclosed to another person, and if so, to whom.

60   Disclosure by the Minister to another person

Disclosure to Ministers whose area of responsibility affected

             (1)  Subject to sections 61, 62 and 63, the Minister must give to a Commonwealth Minister or a Minister of a State or Territory a copy of that part of the final report that contains a particular conclusion or recommendation, if the conclusion or recommendation affects an area of responsibility of that Minister.

Disclosure to State or Territory in which a surface transport aspect of a transport security matter occurs

             (2)  Subject to sections 61, 62 and 63, the Minister must disclose any part of a final report that relates to a surface transport aspect of a transport security matter to the Transport Minister of the State or Territory in which that aspect of the matter occurred.

Disclosure to other persons

             (3)  Subject to sections 61, 62 and 63, the Minister may give a copy of all or part of the final report to any person or government agency, if the Minister believes that it is, on balance, in the public interest to do so.

Minister may impose conditions on further disclosure

             (4)  The Minister may impose conditions on copying, making a record of, using or disclosing the final report, or the part of the final report, given to a person or government agency under subsection (3).

             (5)  A person commits an offence if:

                     (a)  the person is given a copy of the final report, or a part of the final report, under this section; and

                     (b)  the person acts in contravention of a condition imposed under subsection (4).

Penalty:  Imprisonment for 2 years.

61   Final reports containing protected information

                   The Minister must not give a person or government agency a copy of a part of a final report that contains protected information given to the Inspector by a government agency without the prior agreement of the Minister responsible for that government agency, if the disclosure of the information may:

                     (a)  compromise an investigation that is being conducted by the government agency; or

                     (b)  have a substantial adverse effect on the proper and efficient conduct of the operations of the government agency.

62   Final reports relating to surface transport aspects of a matter

                   The Minister must not give any part of a final report that relates to a surface transport aspect of a transport security matter to a person or government agency without the agreement of the Transport Minister of the State or Territory in which that aspect of the matter occurred.

63   Final reports containing OBR information, CVR information, and restricted information given to the Inspector by the Executive Director

             (1)  The Minister must not give a copy of a part of a final report that contains OBR information or CVR information to a person or government agency unless:

                     (a)  the information is already publicly available; or

                     (b)  both:

                              (i)  the other person is a Commonwealth Minister or a Minister of a State or Territory (the responsible Minister ) whose area of responsibility is affected by recommendations made in the report; and

                             (ii)  the responsible Minister would not be able to implement those recommendations without being given the report.

             (2)  The Minister must not give a copy of a part of a final report that contains restricted information given to the Inspector by the Executive Director to a person or government agency unless:

                     (a)  the information is already publicly available; or

                     (b)  both:

                              (i)  the other person is a Commonwealth Minister or a Minister of a State or Territory (the responsible Minister ) whose area of responsibility is affected by recommendations made in the report; and

                             (ii)  the responsible Minister would not be able to implement those recommendations without being given that part of the report.

             (3)  Except for the purposes of implementing the recommendations, the responsible Minister must not disclose to any other person:

                     (a)  in a case where a final report is given to the Minister under subsection (1)—the final report; or

                     (b)  in a case where a part of the final report is given to the Minister under subsection (2)—that part of the final report.

             (4)  A person commits an offence if:

                     (a)  the person receives, either under subsection (1) or as a result of a disclosure permitted under subsection (6), a final report that contains OBR information or CVR information; and

                     (b)  the person does any of the following:

                              (i)  copies, or makes a record of, the final report;

                             (ii)  uses the final report;

                            (iii)  discloses any of the contents of the final report to any person or to a court, tribunal or coroner.

Penalty:  Imprisonment for 2 years.

             (5)  A person commits an offence if:

                     (a)  the person receives, either under subsection (2) or as a result of a disclosure permitted under subsection (6), a part of a final report that contains restricted information given to the Inspector by the Executive Director; and

                     (b)  the person does any of the following:

                              (i)  copies, or makes a record of, that part of the final report;

                             (ii)  uses that part of the final report;

                            (iii)  discloses any of the contents of that part of the final report to any person or to a court, tribunal or coroner.

Penalty:  Imprisonment for 2 years.

             (6)  Subsections (4) and (5) do not apply to any conduct that is necessary for the purpose of implementing a recommendation made in a final report.

Note:          A defendant bears an evidential burden in relation to a matter in subsection (6): see subsection 13.3(3) of the Criminal Code .

64   Tabling report in the Parliament etc.

             (1)  Subject to this section, the Minister may table a copy of a final report, or part of a final report, in the Parliament, if the Minister thinks that it is, on balance, in the public interest to do so.

             (2)  The Minister must not table in the Parliament any part of a final report that contains protected information given to the Inspector by a government agency without the prior agreement of the Minister responsible for that government agency, if the disclosure may;

                     (a)  compromise an investigation that is being conducted by the government agency; or

                     (b)  have a substantial adverse effect on the proper and efficient conduct of the operations of the government agency.

             (3)  The Minister must not table in the Parliament any part of a final report that relates to a surface transport aspect of a transport security matter without the agreement of the Transport Minister of the State or Territory in which that aspect of the matter occurred.

             (4)  The Minister must not table in the Parliament any part of a final report that contains OBR information or CVR information, unless the information is already publicly available.

             (5)  The Minister must not, without the prior agreement of the Executive Director, table in the Parliament any part of a final report that contains restricted information given to the Inspector by the Executive Director, if the disclosure may:

                     (a)  compromise an investigation that is being conducted by the Executive Director; or

                     (b)  have a substantial adverse effect on the proper and efficient conduct of the operations of the Executive Director.

65   Admissibility of final reports

                   A final report is not admissible in any proceedings, except coronial inquiries.