Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 48

Disclosure of address or telephone number of witness

48. Disclosure of address or telephone number of witness



(1) The informant must not disclose the address or telephone number (including
a private, business or official address or telephone number) of any person in
any information, document or thing provided to the accused under this Division
unless-

   (a)  the informant believes that-

   (i)  the information, document or thing does not identify the address or
        telephone number as that of any particular person; or

   (ii) the address or telephone number is relevant to the offence charged and
        disclosure is not likely to present a reasonably ascertainable risk to
        the welfare or physical safety of any person; or

   (b)  the Magistrates' Court permits the disclosure in accordance with
        subsection (3) on application made by the informant or the accused.

(2) For the purposes of subsection (1), the informant may delete, or render
illegible, an address or telephone number included in the information,
document or thing before service on the accused.

(3) The Magistrates' Court may grant an application made under subsection
(1)(b) if the court is satisfied that-

   (a)  the address or telephone number is relevant to the offence charged;
        and





   (b)  one of the following applies-

   (i)  disclosure is not likely to present a reasonably ascertainable risk to
        the welfare or physical safety of any person; or

   (ii) having regard to the matters referred to in subsection (4), the
        interests of justice outweigh any risk referred to in subparagraph
        (i).

(4) For the purposes of subsection (3)(b)(ii), the Magistrates' Court must
have regard to-

   (a)  the right to privacy of the witness; and

   (b)  the right of the accused to prepare properly for the hearing.

Note See section 14 of the Victims' Charter Act 2006 as to victims' privacy.