Section 130 of the Evidence Act 1995 (Cth) applies only to the admission of evidence, not to production of documents on subpoena; claims for public interest immunity over subpoenaed documents must be determined under common law principles. Where a primary judge upholds a public interest immunity claim without giving reasons and the factual basis is withheld from the applicant, the appellate court conducts its own independent balancing exercise rather than requiring the applicant to demonstrate House v The King error.
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