Court’s powers to order disclosure and to ensure a fair trial
25E Court’s powers to order disclosure and to ensure a fair trial
Court may order that material may be disclosed
A court may, on application or on its own initiative, order that examination material or derivative material may be disclosed to prosecutors of the examinee if the court is satisfied that the disclosure is required:
in the interests of justice; and
despite any relevant direction given under subsection 25A(9).
The order may specify the prosecutors (by any means), and the uses to which they may put the material.
Subsection (1) applies to:
if the examinee has been charged with a related offence before a federal court or a court of a State or Territory—that court; or
otherwise—a federal court (other than the Federal Circuit and Family Court of Australia (Division 1)) or a court of a State or Territory.
Court’s powers to ensure the examinee’s fair trial
Subsection (1) and sections 25B, 25C, 25D, 25F and 25G do not, by implication, restrict a court’s power to make any orders necessary to ensure that the examinee’s fair trial is not prejudiced by the possession or use of examination material or derivative material by a prosecutor of the examinee.
However, a person’s trial for:
an offence against a law of the Commonwealth or a Territory; or
an offence against a law of a State that has a federal aspect;
is not unfair merely because the person has been an examinee. This applies whether the person became an examinee:
before being charged with the offence and before such a charge was imminent; or
after being charged with the offence or after such a charge was imminent.
Without limiting its effect apart from this subsection, this Act also has the effect it would have if subsection (4), or paragraph (4)(d), had not been enacted.
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