EVIDENCE ACT 1977 - SECT 14Y Deciding applications under s 14X

EVIDENCE ACT 1977 - SECT 14Y

14Y Deciding applications under s 14X

(1) If an application is made under section 14X (1) , the court may make the order if satisfied that, having regard to the issues to be determined in the relevant proceeding, the public interest in disclosing the informant’s identity outweighs—

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

(b) the public interest in—

(i) the communication of facts and opinion to the public by the news media; and

(ii) the ability of the news media to access sources of facts.

(2) In deciding whether to make the order, the court may have regard to the following matters—

(a) whether the provided information is a matter of public interest;

(b) the nature and subject matter of the relevant proceeding;

(c) the importance of the provided information and the informant’s identity to the relevant proceeding and the availability of other evidence in relation to the provided information;

(d) if the relevant proceeding is a criminal proceeding—the accused person’s right to a fair hearing;

(e) any likely adverse effect of disclosing the informant’s identity on the informant or another person and whether the effect can be mitigated;

(f) whether the informant’s identity as the source of the provided information is already in the public domain;

(g) any decision previously made by a court under this division about a claim, objection or application in relation to the provided information;

(h) the way in which the provided information has been used or kept by the journalist, including whether the journalist—

(i) verified the information; or

(ii) used the information in a way that is fair and accurate and minimised any likely adverse effect on another person;

(i) whether the journalist complied with a recognised professional standard or code of practice in obtaining, using or receiving the provided information;

(j) whether obtaining, using, giving or receiving the provided information—

(i) involved an offence or misconduct by the informant or journalist; or

(ii) poses a risk to national security or the security of the State;

(k) the extent to which making the order is likely to deter other persons from giving information to journalists;

(l) any other matter the court considers relevant.

(3) Also, the court may consider a written or oral statement made by the informant to the court about the matter mentioned in subsection (1) (a) .

(4) The court must state its reasons for making or refusing to make the order.

(5) The order may be subject to the terms and conditions the court considers appropriate.