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NSW Public Transport Bus and Pedestrian Accident - How to Get Information?

Discussion in 'Other/General Law Forum' started by eddie k, 5 January 2015.

  1. eddie k

    eddie k Member

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    I am going to the Administrative Decisions Tribunal (ADT) to access a public transport bus accident decision in February 2015

    The State Transit Authority (STA) Accident Review Committee Inquiry obviously had an inquiry but will not reveal the outcome even when the Statute is clearly stated?

    The Transport Administration Act 1988 (NSW) section 103 inquiries into bus or ferry accidents, states
    The STA Accident/Incident form:
    I have called many Lawyers regarding this situation and all seem to be reluctant to go?
    I am disturbed at the thought of going to ADT without a legal representation, Help!
    I don’t understand!
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Eddie,

    I am unfamiliar with the law around transport accidents, however, from the Transport Administration Act section you have quoted above, it only requires the STA to forward their report to the Minister (presumably the Minister for Transport or other appropriate Minister) upon the Minister's request. It does not require the STA to disclose the report to individuals and the public. Perhaps you have another section that requires the STA to disclose?

    Have you written to the STA requesting a copy of the report? If so and they have denied you this request, what was their reason? Are you sure that the report has been completed? Your request may have been refused because (i) you are not closely related enough to the accident; (ii) the report has not been completed; or (iii) the STA is not required to disclose it to you for whatever other reason. First, you need to make sure you know which reason it is. If you disagree with the STA's decision not to disclose, you can contact the NSW State Ombudsman, which handles decisions and complaints against state agencies and departments.

    May I ask if you are a victim of the accident? If so, are you are injured pedestrian or a passenger on the bus? Otherwise, what is your relation to the accident?
     
    Tim W likes this.
  3. Tim W

    Tim W Lawyer

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    1. I agree with @Tracy B.

    2. You may find that you are going to NCAT rather than the ADT.
      NCAT does not operate with anything like the formality of a court.
      If you are unsure about what to do, read the various pages of the website,
      and you can ring or email them with any questions.

    3. If you are the STA driver, then it is time to engage with your union,
      and be guided by the advice of the Industrial Officers.
     
  4. eddie k

    eddie k Member

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    Tracy B was a reply that is credible, I would like to say I have requested from to minister for transport this information,it was the same reaction from Transport for NSW, The ITSR safety body, State Transit Authority and the NSW ombudsman. It certainly brings home the real meaning of the Rule of Law. Can you imagine how I feel? eddie k
     
  5. eddie k

    eddie k Member

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    I requested from the Minister of Transport, as a model Litigant the STA Accident Review Committee Inquiry Report, states its outcome states as ‘Not Responsible’. All I asked for was a ‘statement of reason’, and as the ‘Hearing Rule’ states the opportunity to state my case.

    The right of reply.

    STA Accident/ Incident Report Form. (Details number.)

    Reasons for decision

    Under s. 9(1) of the GIPA Act, you have a legally enforceable right to the information sought, unless there is an overriding public interest against disclosure of the information.

    I have applied the public interest test and have determined that, for the information held by State Transit, there is no overriding Public Interest against Disclosure of the information sought.

    Disclosure Log.

    If information is released under a formal access application that would be of interest toother members of the public, an agency must record certain details about the application in its ‘disclosure log’ (under ss. 25 and 26 of the GIPA Act).

    The information you requested would not be of interest to other members of the public.

    I have decided not to record the details of your application in State Transit disclosure Log.

    I believe the fact that disclosure log shows the decision to forward this was an outcome would prefer did not happen. All information has been forwarded to the Administrative Decisions Tribunal (ADT) as a way of protecting my rights. What I do not understand is why lawyers are unwilling to deal with the ADT?
     

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