EVIDENCE AMENDMENT (JOURNALIST PRIVILEGE) ACT 2012 (NO. 52 OF 2012) - SECT 3 New Division 1C of Part 3.10 inserted

EVIDENCE AMENDMENT (JOURNALIST PRIVILEGE) ACT 2012 (NO. 52 OF 2012) - SECT 3

See:

Act No.

47/2008.

Reprint No. 1

as at

1 January 2011

and amending

Act No.

29/2011.

LawToday:

www.

legislation.

vic.gov.au

After Division 1B of Part 3.10 of the Evidence Act 2008 insert —

" Division 1C—Journalist privilege

        126J     Definitions

    (1)     In this Division—

"informant" means a person who gives information to a journalist in the normal course of the journalist's work in the expectation that the information may be published in a news medium;

"journalist" means a person engaged in the profession or occupation of journalism in connection with the publication of information, comment, opinion or analysis in a news medium;

"news medium" means a medium for the dissemination to the public or a section of the public of news and observations on news.

    (2)     For the purpose of the definition of journalist, in determining if a person is engaged in the profession or occupation of journalism regard must be had to the following factors—

        (a)     whether a significant proportion of the person's professional activity involves—

              (i)     the practice of collecting and preparing information having the character of news or current affairs; or

              (ii)     commenting or providing opinion on or analysis of news or current affairs—

for dissemination in a news medium;

        (b)     whether information, having the character of news or current affairs, collected and prepared by the person is regularly published in a news medium;

        (c)     whether the person's comments or opinion on or analysis of news or current affairs is regularly published in a news medium;

        (d)     whether, in respect of the publication of—

              (i)     any information collected or prepared by the person; or

              (ii)     any comment or opinion on or analysis of news or current affairs by the person—

the person or the publisher of the information, comment, opinion or analysis is accountable to comply (through a complaints process) with recognised journalistic or media professional standards or codes of practice.

        126K     Journalist privilege relating to identity of informant

s. 3

    (1)     If a journalist, in the course of the journalist's work, has promised an informant not to disclose the informant's identity, neither the journalist nor his or her employer is compellable to give evidence that would disclose the identity of the informant or enable that identity to be ascertained.

    (2)     The court may, on the application of a party, order that subsection (1) is not to apply if it is satisfied that, having regard to the issues to be determined in the proceeding, the public interest in the disclosure of the identity of the informant outweighs—

        (a)     any likely adverse effect of the disclosure on the informant or any other person; and

        (b)     the public interest in the communication of facts and opinion to the public by the news media and, accordingly also, in the ability of the news media to access sources of facts.

    (3)     An order under subsection (2) may be made subject to such terms and conditions (if any) as the court thinks fit.".