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This is a Bill, not an Act. For current law, see the Acts databases.
Evidence Amendment (Journalist
Privilege) Bill 2011
No , 2011
A Bill for
An Act to amend the Evidence Act 1995 with respect to the disclosure of the identity
of persons who give information to journalists; and for other purposes.
Clause 1 Evidence Amendment (Journalist Privilege) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Evidence Amendment (Journalist Privilege) Act 2011. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Evidence Amendment (Journalist Privilege) Bill 2011
Amendment of Evidence Act 1995 No 25 Schedule 1
Schedule 1 Amendment of Evidence Act 1995 No 25 1
[1] Section 126A Definitions 2
Omit the note to the definition of protected confidence in section 126A (1). 3
[2] Section 126B Exclusion of evidence of protected confidences 4
Insert at the end of section 126B (4): 5
(i) the public interest in preserving the confidentiality of 6
protected confidences, 7
(j) the public interest in preserving the confidentiality of 8
protected identity information. 9
[3] Part 3.10, Division 1C 10
Insert after Division 1B: 11
Division 1C Journalist privilege 12
126J Definitions 13
In this Division: 14
informant means a person who gives information to a journalist 15
in the normal course of the journalist's work in the expectation 16
that the information may be published in a news medium. 17
journalist means a person engaged in the profession or 18
occupation of journalism in connection with the publication of 19
information in a news medium. 20
news medium means a medium for the dissemination to the 21
public or a section of the public of news and observations on 22
news. 23
126K Journalist privilege relating to identity of informant 24
(1) If a journalist has promised an informant not to disclose the 25
informant's identity, neither the journalist nor his or her 26
employer is compellable to give evidence that would disclose the 27
identity of the informant or enable that identity to be ascertained. 28
(2) The court may, on the application of a party, order that 29
subsection (1) is not to apply if it is satisfied that, having regard 30
to the issues to be determined in the proceeding, the public 31
interest in the disclosure of the identity of the informant 32
outweighs: 33
(a) any likely adverse effect of the disclosure on the informant 34
or any other person, and 35
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Evidence Amendment (Journalist Privilege) Bill 2011
Schedule 1 Amendment of Evidence Act 1995 No 25
(b) the public interest in the communication of facts and 1
opinion to the public by the news media and, accordingly 2
also, in the ability of the news media to access sources of 3
facts. 4
(3) An order under subsection (2) may be made subject to such terms 5
and conditions (if any) as the court thinks fit. 6
126L Application of Division 7
(1) This Division extends to information given by an informant 8
before the commencement of this Division. 9
(2) This Division does not apply in relation to a proceeding the 10
hearing of which began before the commencement of this 11
Division. 12
(3) This Division (as applied by section 131A) does not apply to a 13
disclosure requirement referred to in that section made before the 14
commencement of this Division. 15
[4] Section 131A Application of Part to preliminary proceedings of courts 16
Insert ", 1C" after "1A" in section 131A (1) (a). 17
[5] Schedule 2 Savings, transitional and other provisions 18
Insert at the end of clause 1 (1): 19
Evidence Amendment (Journalist Privilege) Act 2011 20
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