Terrorism (High Risk Offenders) Act 2017

The Supreme Court must take steps—

to maintain the confidentiality of information to which a terrorism intelligence application relates (including steps to receive evidence and hear argument about the information) until the application is determined, and

if the terrorism intelligence application is granted—to maintain the confidentiality of the terrorism intelligence in the substantive proceedings (including steps to receive evidence and hear argument about the intelligence in private).

The Supreme Court may allow any of the following forms of access to information or terrorism intelligence referred to in subsection (1) (having regard to what the Court considers appropriate because of the nature of the information or intelligence and the degree of risk of disclosure to non-parties by parties and their legal representatives and any other matter the Court considers relevant)—

viewing, or providing a copy of, a document containing the information or intelligence,

viewing, or providing a copy of, a document containing the information or intelligence that has been redacted to the extent necessary to prevent the disclosure of the information or intelligence,

viewing, or providing a copy of, a document containing the information or intelligence that has been redacted to the extent necessary to prevent the disclosure of the information or intelligence together with a written summary of the nature of the redacted information or intelligence,

viewing, or providing a copy of, a document containing the information or intelligence that has been redacted to the extent necessary to prevent the disclosure of the information or intelligence together with a written statement of the facts that the information or intelligence would (or would be likely to) establish.

In allowing access to a document referred to in subsection (2), the Supreme Court may—

allow a party and the party’s legal representatives, if any, to be provided with a copy of the document, or

allow a party’s legal representatives, if any, to be provided with a copy of the document and the party to view (but not have a copy of) the document, or

allow a party’s legal representatives to be provided with a copy of the document, but deny the party any form of access to the document, or

allow a party and the party’s legal representatives, if any, to view (but not have a copy of) the document, or

allow a party’s legal representatives, if any, to view (but not have a copy of) the document, but deny the party any form of access to the document.

Subsections (2) and (3)—

are subject to any agreement under section 59E and the regulations, and

do not limit access that an independent third party for an eligible offender is required to be provided with under section 59B.