I'm no lawyer either, but I'd put it this way: If I'd been PIC, the recorders would have been out and taken to a trusted organisation a long time ago.
Bear in mind what the prohibitions on the use and disclosure of OBR information are (supposedly) about: The protection of the crew!
It would be a complete perversion of the policy of the legislation, and would expose the ATSB as pursuing an agenda entirely contrary to the interests of air safety, if ATSB tried to prevent someone from recovering the recorders and the disclosing of the information on them for the purposes of finding out the facts and vindicating the crew.