Crime and Corruption Act 2001

Subsections (2) and (3) apply if the deciding officer or presiding officer decides a claim made by a journalist or a relevant person for a journalist on the ground of journalist privilege is established in relation to a requirement to produce a document, thing or information or provide information in answer to a question and the public interest in disclosing the identity of the informant the subject of the claim outweighs—

any likely adverse effect of the disclosure on the informant or another person; and

the public interest in—

the communication of facts and opinion to the public by the news media; and

the ability of the news media to access sources of facts.

The deciding officer or presiding officer—

may require the journalist or relevant person to comply with the requirement to which the claim relates; or

otherwise—must withdraw the requirement to which the claim relates.

In deciding whether to make the requirement of the journalist or relevant person, the deciding officer or presiding officer may have regard to the following matters—

whether the document, thing or information is a matter of public interest;

the nature and subject matter of the investigation, operation or function to which the requirement relates;

the importance of the document, thing or information, and the informant’s identity, to the investigation, operation or function to which the requirement relates and the availability of other evidence in relation to the document, thing or information;

any likely adverse effect of disclosing the informant’s identity on the informant or another person and whether the effect can be mitigated;

whether the informant’s identity as the source of the document, thing or information is already in the public domain;

any decision previously made by the commission or a court about a claim, objection or application in relation to the document, thing or information;

the way in which the document, thing or information has been used or kept by the journalist, including whether the journalist—

verified the document, thing or information; or

used the document, thing or information in a way that is fair and accurate and minimised any likely adverse effect on another person;

whether the journalist complied with a recognised professional standard or code of practice in obtaining, using or receiving the document, thing or information;

whether obtaining, using, giving or receiving the document, thing or information—

involved an offence or misconduct by the informant or the journalist; or

poses a risk to national security or the security of the State;

the extent to which making the requirement is likely to deter other persons from giving information to journalists;

any other matter the deciding officer or presiding officer considers relevant.

If the deciding officer or presiding officer requires the journalist or relevant person to comply with the requirement to which the claim relates, section 205ZG(2) applies.

If the deciding officer or presiding officer decides a claim on the ground of journalist privilege is not established, section 205ZG(2) applies.