Evidence Act 2011

This division extends to a protected confidence made before the commencement of this division.

This division does not apply in relation to a proceeding the hearing of which began before the commencement of this division.

This division does not apply in relation to a protected confidence within the meaning of the Evidence (Miscellaneous Provisions) Act 1991, division 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications).

Note The Commonwealth Act does not include this subsection.

The court may give a direction under this division in relation to a protected confidence or protected identity information whether or not the protected confidence or protected identity information is privileged under another section of this part or would be privileged except for a limitation or restriction imposed by that section.

For subsection (2), the hearing of a proceeding has begun if the court has begun to take oral or written evidence in the proceeding (other than in relation to bail or any other interlocutory matter).

Note The Commonwealth Act and NSW Act do not include this subsection.

Division 3.10.1C Journalist privilege