Addresses, dates of birth and phone numbers not to be disclosed on written statements
9J Addresses, dates of birth and phone numbers not to be disclosed on written statements
A copy of a written statement served on an accused person must not disclose the address, date of birth or telephone number of the person who made the statement or of any other living person, unless—
the address, date of birth or telephone number is a materially relevant part of the evidence, or
a Magistrate makes an order permitting the disclosure in the statement.
An application for an order permitting the disclosure may be made by the accused person or the prosecutor.
The Magistrate must not make the order unless satisfied that the disclosure is not likely to present a reasonably ascertainable risk to the welfare or protection of any person or that the interests of justice (including the accused person’s right to prepare properly for the hearing of the evidence for the prosecution) outweigh any such risk.
This clause does not prevent the disclosure of an address in a written statement if the statement does not identify it as a particular person’s address, or it could not reasonably be inferred from the statement that it is a particular person’s address.
An address, date of birth or telephone number that must not be disclosed may, without reference to the person who made the written statement, be deleted from the statement, or rendered illegible, before the statement is served on the accused person.
In this clause, address includes residential address, business address, email address and web-based address.
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