Criminal Procedure Act 1986

If a health authority wishes to rely on this Division to refuse production of a thing that it would otherwise be required to produce under a subpoena, the health authority must give the court and the accused person a written notice (a sensitive evidence notice) that complies with this section.

The sensitive evidence notice must—

describe the thing that the health authority considers to be sensitive evidence, and

indicate that, as the health authority considers the thing to be sensitive evidence, the health authority is not required to produce the thing, and

indicate that the thing will not be produced, and

contain information to the effect that the accused person is entitled to view or listen to the thing in accordance with supervised access arrangements, and

set out the name and contact details of the person (the access supervisor) who is responsible for arranging access to the thing under the supervised access arrangements.

The court must, on receipt of the sensitive evidence notice, set aside the subpoena (wholly or to the extent that it relates to the sensitive evidence) and order that the accused person be given access to the sensitive evidence in accordance with the sensitive evidence notice.

The Attorney General may approve the form of a notice to be used for the purposes of this section.