Evidence (Miscellaneous Provisions) Act 1991

An application for leave must—

be in writing; and

set out the leave sought; and

set out the applicant’s arguments in support of the application (including the matters mentioned in section 79F (2)).

The application must also––

set out briefly the nature of the protected confidence evidence (if known); and

set out, or be accompanied by a copy of, any relevant documents.

The applicant must give written notice of the application to—

for a civil proceeding—the counselled person who is the subject of the protected confidence; or

for a criminal proceeding—the prosecutor.

The notice must—

state the known protected confidence evidence that is the subject of the application; and

state that the counselled person may, under section 79IA, appear in the proceeding; and

state the day when the application is to be heard.

If the prosecutor in a criminal proceeding is given a notice under subsection (3) (b), the prosecutor must give it to the counselled person who is the subject of the protected confidence.

However, a requirement under this section to give notice to a counselled person does not apply if the court is satisfied that—

the applicant in a civil proceeding, or the prosecutor in a criminal proceeding, has taken all reasonable steps to find the counselled person, but has not found the counselled person; or

the counselled person has consented in writing to not be notified about the application; or

the counselled person has already been given a notice under this section about another application for leave in the same proceeding about the same protected confidence.