(1) Where a report is provided to the Director —
(a) in the case of regulation 13(a), the Director may publish the report in a manner that he or she thinks fit;
(b) in the case of an accident to which regulation 17 applies, the Director shall publish the report in accordance with regulation 17.
(2) The Director shall not publish a report under subregulation (1) until he or she —
(a) serves a notice on a person who, or organization that, may be adversely affected by the report or if the person is deceased, on a person who appears to the Director, at the time the notice is to be to served under this paragraph, is best to represent the interests and reputation of the deceased in the matter; and
(b) considers the representations relating to the facts or analysis contained in the report that may be made to him or her under subregulation (3) by or on behalf of the persons served with a notice.
(3) A notice under subregulation (2)(a) must be accompanied by a copy of the preliminary inquiry report.
(4) The representations under subregulation (2)(b) must be written and served on the Director within 28 days of service of the notice under subregulation (2)(a) or within the period extended under subregulation (5).
(5) The Director may extend the period of twenty-eight days specified under subregulation (4) for a further period of 28 days, where he or she considers that there is good reason for an extension.
(6) Subject to a court order under regulation 15, a person shall not disclose information that is furnished to him or her —
(a) under subregulation (3); or
(b) by or on behalf of the Director in advance of the publication of a report and whose confidentiality is protected by regulation 15, or permit such information to be disclosed,
except with the prior consent in writing of the Director, to advisers or any other person, as necessary in order to make representations to the Director under subregulation (2)(b), and the advisers shall not disclose the information or permit it to be disclosed.
(7) A person who contravenes subregulation (6) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years.
(8) The Director shall, when a copy of the report is published, provide a copy of the report to —
(a) a person who has been served with a notice under subregulation (2)(a);
(b) a person to whom or a body to which recommendations were addressed in that report;
(c) the International Maritime Organization; and
(d) a person or an organization that the Director considers may find the report useful or interesting.
(9) Where an inquest or fatal accident inquiry is to be held following an accident that is subject to a safety investigation, a draft report may be made available in confidence to a coroner by the Director.
(10) Where any part of the report or analysis is based on information obtained under the powers of an inspector under section 484 of the Act, the report is inadmissible in judicial proceedings where the purpose is to attribute or apportion liability or blame unless a court or tribunal, having regard to the factors under regulation 15(5)(b) or (c), determines otherwise.
(11) In this regulation, “judicial proceedings” includes civil or criminal proceedings before a court, tribunal or person having by law the power to hear, receive and examine evidence on oath.