Crime and Corruption Act 2001

The chairperson or the person making the claim of privilege in relation to a 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.

In subsection (1), a reference to the person making the claim of privilege in relation to a document or thing includes a reference to a person mentioned in 205ZZG(2)(a) who is entitled to waive legal professional privilege in relation to the document or thing.

Other than for a claim on the ground of journalist privilege, 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.

For a claim on the ground of journalist privilege—

the burden of proof for establishing the claim is on the journalist or relevant person for the journalist; and

the burden of proof in relation to the matters mentioned in section 205ZS(1), other than the establishment of the claim, is on the commission.

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—

if the claim was made under section 81A(1)—under part 3, division 3; or

if the claim was made under section 110A(3)—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 court on the ground that the claim is frivolous or vexatious.