Evidence Act 1906

A person cannot disclose or require disclosure of a protected communication in, or in connection with, any criminal proceedings except with, and in accordance with, the leave of the court.

If a subpoena that purports to require the disclosure of a protected communication is issued without the leave of the court required by subsection (1), the subpoena is of no effect.

An application for leave must be made to the court in writing and must be accompanied by an affidavit stating why the applicant has a legitimate forensic purpose for having leave to disclose or require disclosure of the protected communication.

If the court considers that the supporting affidavit establishes a prima facie case that the applicant has a legitimate forensic purpose for having the leave, the court is to —

fix a day and time for hearing the application; or

determine that the application will be heard during the criminal proceedings referred to in subsection (1),

the applicant and each other party; and

each protected person identified in the application or the supporting affidavit; and

any other person identified in the application or the supporting affidavit as a person to whom the protected communication was made.

If the court does not consider that the supporting affidavit establishes a prima facie case that the applicant has a legitimate forensic purpose for having the leave, the court is to notify the applicant accordingly and the application for leave is taken to have been refused.

Section 19E(2) and (3) apply in relation to the court’s consideration of whether the supporting affidavit establishes a prima facie case that the applicant has a legitimate forensic purpose for having the leave.

In this section —