Road Safety (Disclosure of Information) Act 1997 (Vic)

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Road Safety (Disclosure of Information) Act 1997

Act No. 30/1997

TABLE OF PROVISIONS

Section Page

1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. Substitution of section 92 2
92. Disclosure of information 2
5. Consequential amendments 6
6. Repeal 7
7. Statute law revision 7

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NOTES 9

i

Victoria

No. 30 of 1997

Road Safety (Disclosure of Information)

Act 1997†

[Assented to 27 May 1997]

The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are—

(a)

to amend the Road Safety Act 1986 with respect to disclosure and use of information held by the Roads Corporation; and

(b)

to repeal the procedure set out in sections 456A to 456F of the Crimes Act 1958; and

(c)

to make amendments of a statute law revision nature.

Road Safety (Disclosure of Information) Act 1997

Act No. 30/1997 s. 2

2. Commencement
(1) Sections 1, 3 and 7 and this section come into
operation on the day on which this Act receives
the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 September 1997,
it comes into operation on that day.

3. Principal Act

In this Act, the Road Safety Act 1986 is called

No. 127/1986. Reprinted to
the Principal Act. No. 58/1995
and
subsequently
amended by
Nos 100/1995,
25/1996 and
37/1996.

4. Substitution of section 92
For section 92 of the Principal Act substitute—
'92. Disclosure of information
(1) In this section—
"confidentiality agreement" means an
agreement referred to in sub-section
(4);

"relevant person" means a person who is or

has been a delegate of or employed by
or engaged to provide services for—

(a) the Corporation; or

Road Safety (Disclosure of Information) Act 1997

s. 4	Act No. 30/1997

(b)
another person or body engaged to Corporation;
"Victorian law enforcement agency"
means—
(a) the police force of Victoria; or

(b)
responsible for the investigation
or prosecution of offences against
the laws of Victoria or the
delegates or employees of, or
persons engaged to provide
any other authority or person person; or

(c) a person authorised by the laws of Victoria to execute a warrant.

(2) Subject to this section, the Corporation or a relevant person must not—

(a)

disclose information gained by the Corporation or in the course of the delegation, employment or engagement
of the relevant person that is
information of a personal nature or that
has commercial sensitivity for the
person about whom it is kept; or

(b)

use the person's knowledge of any such information.

Penalty: 100 penalty units.

(3) Sub-section (2) does not prevent the
disclosure or use of information in
accordance with the regulations, if any—

(a)

in connection with the administration of this Act or the regulations; or

Road Safety (Disclosure of Information) Act 1997

Act No. 30/1997 s. 4

(b) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of such proceedings; or
(c) to the Transport Accident Commission; or
(d) for the purposes of the investigation or prosecution by a Victorian law enforcement agency of offences of any kind; or
(e) for the purposes of the enforcement by a Victorian law enforcement agency of—
(i) judgments and orders of courts in their criminal jurisdiction; or

(ii)
infringement penalties by the the Magistrates' Court Act 1989; or

(f) for the purposes of the enforcement by the sheriff of judgments and orders of courts in their civil jurisdiction; or
(g) for the purposes of the Crimes (Confiscation of Profits) Act 1986; or
(h) in accordance with an arrangement between a Minister of the Crown in right of Victoria and a Minister of the
Crown in right of the Commonwealth or another State or a Territory, for the purposes of the investigation or

prosecution of an offence against the
laws of the Commonwealth or that
other State or Territory or the
enforcement of a judgment or order of a
court in such a prosecution; or

Road Safety (Disclosure of Information) Act 1997

s. 4	Act No. 30/1997

(i) about a person if the Corporation believes on reasonable grounds that the disclosure or use is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or another person; or

(j)

to or by a court in compliance with a witness summons or a subpoena issued by it or an order made by it; or

(k)

to or by the person to whom the information relates; or

(l)

to or by a person who is expressly authorised in writing by the person to whom the information relates to obtain it; or

(m)

the disclosure or use of which is required or authorised by law for another purpose.

(4) Subject to sub-section (5), if—

(a)

a person (other than a relevant person or a person referred to in sub-section (3)(j), (k) or (l)) or an authority
requests information from the
Corporation; and

(b)

the information may be disclosed or used under this section—
the Corporation must first enter into a
confidentiality agreement with the person or
authority—

(c)

specifying the purposes for which the information is required; and

(d)

specifying the means by which the information will be provided by the Corporation; and

Road Safety (Disclosure of Information) Act 1997

Act No. 30/1997 s. 5

(e)
specifying the means by which the be protected; and

(f)

including an undertaking by the person or authority that the information will only be used for the purposes specified in the agreement.
(5) Sub-section (4) does not apply if —

(a)
confidentiality agreement, which is in
the Corporation has entered into a contractor or principal of the person or authority making the request; and

(b)
request is acting within the scope of
their actual or apparent authority under
the person or authority making the contractual relationship or agency.

(6) A person who obtains information under a
confidentiality agreement must not disclose
or use the information other than for a
purpose specified in the agreement (whether
or not the person is a party to the agreement).
Penalty: 100 penalty units.
(7) A person must not use information knowing it to be disclosed or used in contravention of this section or a confidentiality agreement.

Penalty: 100 penalty units.'.

5. Consequential amendments
(1) In section 9(1A) of the Principal Act, for "given to
a law enforcement agency within the meaning of Subdivision (29B) of Division 1 of Part III of the Crimes Act 1958 in accordance with that
Subdivision" substitute "disclosed or used for

Road Safety (Disclosure of Information) Act 1997

s. 6	Act No. 30/1997

investigation, law enforcement and other purposes
in accordance with section 92".
(2) In section 23A of the Principal Act, for "given to a
law enforcement agency within the meaning of Subdivision" substitute "disclosed or used for investigation, law enforcement and other purposes in accordance with section 92".
Subdivision (29B) of Division 1 of Part III of the

6. Repeal
Subdivision (29B) of Division 1 of Part III of the
Crimes Act 1958 is repealed.

7. Statute law revision
In the Principal Act—

(a) in section 3(1), omit the definition of "registered owner";
(b)
in section 3(1), after the definition of ' "registered owner", in relation to a motor
vehicle or trailer, means the person in
whose name it is registered;';

(c) in section 3(1), omit the definition of "tailgating infringement";
(d)
in section 3(1), after the definition of ' "tailgating infringement" means an
offence under section 87A;';

(e)

in section 3(1), in paragraph (h) of the definition of "traffic infringement", after "which is" insert "a";

(f)

in section 66(3)(b), for "time; or" substitute "time.".

Road Safety (Disclosure of Information) Act 1997

Act No. 30/1997

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Road Safety (Disclosure of Information) Act 1997

Notes

Act No. 30/1997

NOTES

†
Minister's second reading speech—
Legislative Assembly: 10 April 1997
Legislative Council: 1 May 1997
The long title for the Bill for this Act was "to amend the Road Safety Act
1986 and the Crimes Act 1958 with respect to the disclosure of
information from the records of the Roads Corporation and for other
purposes."

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Road Safety (Disclosure of Information) Act 1997 (Vic)

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1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2
4.	Substitution of section 92	2
92. Disclosure of information	2
5.	Consequential amendments	6
6.	Repeal	7
7.	Statute law revision	7

(a)	to amend the Road Safety Act 1986 with respect to disclosure and use of information held by the Roads Corporation; and
(b)	to repeal the procedure set out in sections 456A to 456F of the Crimes Act 1958; and
(c)	to make amendments of a statute law revision nature.

In this Act, the Road Safety Act 1986 is called	No. 127/1986. Reprinted to
the Principal Act.	No. 58/1995 and subsequently amended by Nos 100/1995, 25/1996 and 37/1996.

(a)	disclose information gained by the Corporation or in the course of the delegation, employment or engagement
of the relevant person that is information of a personal nature or that has commercial sensitivity for the person about whom it is kept; or
(b)	use the person's knowledge of any such information.

(b)	for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of such proceedings; or
(c)	to the Transport Accident Commission; or
(d)	for the purposes of the investigation or prosecution by a Victorian law enforcement agency of offences of any kind; or
(e)	for the purposes of the enforcement by a Victorian law enforcement agency of—

(f)	for the purposes of the enforcement by the sheriff of judgments and orders of courts in their civil jurisdiction; or
(g)	for the purposes of the Crimes (Confiscation of Profits) Act 1986; or
(h)	in accordance with an arrangement between a Minister of the Crown in right of Victoria and a Minister of the

(j)	to or by a court in compliance with a witness summons or a subpoena issued by it or an order made by it; or
(k)	to or by the person to whom the information relates; or
(l)	to or by a person who is expressly authorised in writing by the person to whom the information relates to obtain it; or
(m)	the disclosure or use of which is required or authorised by law for another purpose.

(a)	a person (other than a relevant person or a person referred to in sub-section (3)(j), (k) or (l)) or an authority
requests information from the Corporation; and
(b)	the information may be disclosed or used under this section—

(c)	specifying the purposes for which the information is required; and
(d)	specifying the means by which the information will be provided by the Corporation; and

(a)	in section 3(1), omit the definition of "registered owner";
(b)

(e)	in section 3(1), in paragraph (h) of the definition of "traffic infringement", after "which is" insert "a";
(f)	in section 66(3)(b), for "time; or" substitute "time.".