Evidence Act 1995

This section applies if, in response to a disclosure requirement, a person claims that they are not compellable to answer any question or produce any document that would disclose the identity of the informant (within the meaning of section 126K) or enable that identity to be ascertained.

A party that seeks disclosure pursuant to a disclosure requirement may apply to the court for an order, under section 126K, that subsection 126K(1) does not apply in relation to the information or document.

In this section, disclosure requirement means a court process or court order that requires the disclosure of information or a document and includes the following:

a summons or subpoena to produce documents or give evidence;

pre‑trial discovery;

non‑party discovery;

interrogatories;

a notice to produce;

a request to produce a document under Division 1 of Part 4.6.