Criminal Code Act 1899

The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a witness contact detail other than as required under this section.

The prosecution must give the accused person a witness contact detail that is materially relevant as part of the evidence for the relevant proceeding.

Example 1—If the alleged offence is breaking and entering a dwelling and a proposed witness was the occupant of the dwelling when the offence allegedly happened, the address of the proposed witness when the offence allegedly happened would be materially relevant as part of the evidence.

Example 2—If the alleged offence is unlawful stalking, intimidation, harassment or abuse involving contacting the stalked person by telephone, the telephone number of the stalked person when the offence allegedly happened would be materially relevant as part of the evidence.

However, the court may direct that another witness contact detail be given to the accused person.

The court may make the direction only if—

the accused person satisfies the court a legitimate purpose is achieved by the witness contact detail being given to the accused person; and

the court is satisfied that giving the detail is not likely to present a reasonably ascertainable risk to the welfare or protection of any person.

A witness contact detail the prosecution is not required to give the accused person may be deleted from, or rendered illegible in, a thing that is to be disclosed to, or may be viewed by, the accused person.

Although it is acknowledged that a person is not obliged to have contact with the defence, nothing in this section is intended to discourage the prosecution, at the request of the defence, from voluntarily passing on to a person a request from the defence that the person contact the defence.

In this section—witness contact details include details of the address and telephone and facsimile number of a proposed witness for the prosecution or a person a copy of whose statement may be given to the accused person under section 590AJ(2)(e). sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590AP ins 2003 No. 55 s 15