Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6851

    (1)     This rule applies to evidence that is the subject of a claim for privilege under rule 6850 (1) (b) if the claim is not supported or conceded in accordance with that rule.

    (2)     The deposition, and any transcript, recording the evidence must—

        (a)     be kept separate from any other deposition or transcript in the examination; and

        (b)     when given to the registrar, be accompanied by a statement signed by the examiner setting out the claim for privilege and the ground on which it was made.

    (3)     The registrar—

        (a)     must include the statement of the claim for privilege, and a request to decide the claim, with the documents sent to the Attorney-General under rule 6849 (Certificate of order and depositions—div 6.10.9 examination); and

        (b)     must not include with those documents the deposition, or any transcript, recording the evidence that is the subject of the claim.

    (4)     After the requesting court decides the claim for privilege, the registrar must—

        (a)     if the requesting court rejects the claim—send it the deposition, and any transcript, recording the evidence to which the claim relates; or

        (b)     if the requesting court upholds the claim—return the deposition and any transcript to the person claiming privilege.

    (5)     The registrar must also tell the person claiming privilege, and the applicant for the order for examination, about the decision of the requesting court.