WORKPLACE RELATIONS ACT 1996 - SECT 839 Trade secrets etc. tendered as evidence

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 839

             (1)  In a proceeding before the Court or the Commission:

                     (a)  the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or

                     (b)  a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.

             (2)  Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Court or Commission.

             (3)  If information is given as evidence under subsection (2), it shall not be published in any newspaper, or otherwise, unless the Court or Commission, by order, permits the publication.

             (4)  Where the Court or Commission directs that information relating to a trade secret or to the profits or financial position of a witness or party shall be given in evidence, the evidence shall be taken in private if the person entitled to the trade secret, or the witness or party, requests.

             (5)  The Court or Commission may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, shall not be published.

Note:          Giving information as evidence, or publishing information, in contravention of this section or a direction under this section may be an offence under section 823.