Documents produced under s 317 of the Criminal Procedure Act 2009 (Vic) are governed by principles akin to subpoena production by non-parties, not inter-party civil discovery. The producing entity bears the onus of demonstrating that redacted material falls outside the scope of the s 317 order. The producing entity's task is to identify material falling within the specific terms of the order, not to assess relevance to issues in the proceeding. In criminal cases, a liberal reading of the order's terms is appropriate. The term 'relevance' should be avoided in favour of 'out of scope' or 'beyond the terms of the order'.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
12 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.