South Australian Consolidated Acts South Australian Consolidated Acts29—Disclosure of reasons and criminal intelligence
(1) Subject to
section 30, if a senior police officer decides to make, vary or revoke a
public safety order, the officer is not required to provide any grounds or
reasons for the decision to a person affected by the decision (but is required
to provide such grounds or reasons to a person conducting a review under Part
6 if that person so requests).
(2) Information
forming the basis for the making, variation or revocation of a public safety
order must not be disclosed to any person (except to the Attorney-General, a
person conducting a review under Part 6, a court or a person to whom the
Commissioner authorises its disclosure) if, at the time at which the question
of disclosure is to be determined, the information is properly classified by
the Commissioner as criminal intelligence (whether or not the information was
so classified at the time at which the public safety order was made, varied or
revoked).
(3) No information
provided by a senior police officer to a court for the purposes of proceedings
relating to the making or variation of a public safety order or the making of
an authorisation order may be disclosed to any person (except to the
Attorney-General, a person conducting a review under Part 6, a court or a
person to whom the Commissioner authorises its disclosure) if the information
is properly classified by the Commissioner as criminal intelligence.
(4) In any proceedings
relating to the making or variation of a public safety order or the making of
an authorisation order, the court determining the proceedings—
(a)
must, on the application of the Commissioner, take steps to maintain the
confidentiality of information that is, at the time of the proceedings,
properly classified by the Commissioner as criminal intelligence, including
steps to receive evidence and hear argument about the information in private
in the absence of the parties to the proceedings and their representatives;
and
(b) may
take evidence consisting of, or relating to, information that is so classified
by the Commissioner by way of affidavit of a police officer of or above the
rank of superintendent.