Crime and Corruption Act 2001

Subsections (2) and (3) apply if the Supreme Court 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 Supreme Court—

may order the person—

to produce the document, thing or information; or

answer the question; or

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

In deciding whether to make the order, the Supreme Court may have regard to—

the matters mentioned in section 205ZF(3)(a) to (j); and

any other matter the court considers relevant.

If the Supreme Court decides a claim on the ground of journalist privilege is not established, the court must order the person to produce the document, thing or information or answer the question.

This section does not apply to a claim under section 94(2)(b).