Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.