In Incitec Pivot Limited v Queensland Rail Limited [2023] QDC 264, the plaintiff, Incitec Pivot Limited, sought the disclosure of submissions made by the defendant, Queensland Rail Limited, to the Australian Transport Safety Bureau (ATSB) regarding a draft report on a train derailment incident. The primary legal question was whether these submissions were exempt from disclosure under section 26 of the Transport Safety Investigation Act 2003 (Cth), which generally prohibits the disclosure of draft reports and related submissions. The court, presided over by Barlow KC, DCJ, determined that the submissions inevitably contained information from the draft report, making them subject to the non-disclosure provisions of section 26. Consequently, the application for disclosure was dismissed.
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