New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 31E

31E Court may grant leave to disclose relevant information

(1) The court may, on application made to it, give leave to a party to ask questions of a witness, including the protected person, or make a statement that, if answered or made, may disclose the protected person’s protected identity or where the protected person lives.

(2) The only parties to whom such leave may be given are as follows:

(a) for a criminal proceeding-the prosecutor and each accused person to whom the relevant proceeding relates or the person’s legal representative,

(b) for a civil proceeding-each party to the relevant proceeding or the party’s legal representative,

(c) for another proceeding-each person who has been given leave to appear in the relevant proceeding or the person’s legal representative,

(d) in any proceedings-an Australian legal practitioner assisting the court.

(3) The court may direct that the application be heard in the absence of any jury empanelled for the proceeding and the public.

(4) The court must not give leave to a party under this section unless satisfied:

(a) there is some evidence that, if believed, would call into question the credibility of the protected person, and

(b) it is in the interests of justice for the party to be able to test the credibility of the protected person, and

(c) it would be impractical to test properly the credibility of the protected person without knowing the protected identity of the person.

(5) If the court gives leave, a person may, in accordance with the leave:

(a) ask a question that may lead to the disclosure of the protected identity of the protected person or where the protected person lives, or

(b) answer a question, give evidence, or provide information that may lead to the disclosure of the protected identity of the protected person or where the protected person lives, or

(c) make a statement that discloses or could disclose the protected identity of the protected person or where the protected person lives.

(6) If the court gives leave, the court:

(a) must hold the relevant part of the proceeding in the absence of the public, and

(b) must make an order for the suppression of publication of evidence given before it that it considers will ensure that the protected identity of the protected person and where the protected person lives is not disclosed, and

(c) may make any other order the court considers appropriate.

(7) A person must not contravene an order made under subsection (6).

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(8) This section does not does not limit the court’s power to punish for contempt.