Evidence (Miscellaneous Provisions) Act 1958

In a criminal proceeding, an applicant for leave must give written notice of their intention to apply for leave under section 32C(1) to—

each other party; and

the informant; and

if the notice relates to a confidential communication—the medical practitioner or counsellor to whom that communication was made; and

if the notice relates to protected health information—whichever of the following entities the applicant for leave considers appropriate—

the person who recorded or collected the information (or, if the information is an opinion, formed that opinion);

if the information is held by an organisation—that organisation.

The applicant for leave must give notice under subsection (1) no less than 14 days before the evidence is proposed to be compelled to be produced, produced or adduced.

If the court is satisfied that it is in the interests of justice to do so, the court may—

fix a period of notice shorter than that referred to in subsection (2); or

waive a requirement to give notice to a person or organisation referred to in subsection (1)(c) or (d).