Commonwealth Consolidated Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CJ

Personal details need not be provided

  (1)   Nothing in this Subdivision requires the prosecutor to disclose the address or telephone number of any witness proposed to be called by the prosecutor, or of any other living person, unless:

  (a)   the address or telephone number is a materially relevant part of the evidence; or

  (b)   on application by the accused--the Court makes an order directing the disclosure.

Note:   The Court may make orders to protect witnesses, information, documents and other things (see section   23HC).

  (2)   The Court must not make an order under paragraph   (1)(b) directing the disclosure of information unless it is satisfied that:

  (a)   the accused needs the information to prepare properly for the hearing of the evidence for the prosecution; and

  (b)   if the disclosure is likely to present a risk to a person's safety or welfare--the accused's need for the information outweighs this risk.

  (3)   This section does not prevent the disclosure of an address if:

  (a)   the disclosure does not identify it as a particular person's address; and

  (b)   it could not reasonably be inferred from the matters disclosed that it is a particular person's address.

  (4)   If:

  (a)   a statement is to be given to the accused; and

  (b)   the statement contains an address or telephone number that must not be disclosed;

the address or telephone number may, without reference to the person who made the statement, be deleted from the statement, or rendered illegible, before the statement is given to the accused.


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