Crime and Corruption Act 2001

The chairperson or the person making the claim of privilege in relation to the document or thing may apply to the Supreme Court to decide whether the claim is established and, if established, whether it is to be upheld.

The burden of proof on the application is on the person who seeks to withhold the document or thing or to prevent the exercise of authority.

The Supreme Court must—

consider the claim of privilege; and

hear the submissions of the person making the claim and the commission’s submissions; and

decide the claim—

for a claim under section 94(2)(b)—under part 3, division 3, other than sections 205ZQ to 205ZS; or

for a claim under section 111(3)(b)—under part 3, division 3, other than sections 205ZQ and 205ZR.

The Supreme Court may hear the application in any way it considers appropriate.

The Supreme Court must give reasons for the court’s decision, which may be given orally.

Costs of an application are to be borne by the commission, unless otherwise ordered by the Supreme Court on the ground that the claim is frivolous or vexatious.