Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 14W

14W Claims of journalist privilege at hearings of relevant proceedings

(1) This section applies if—

(a) the journalist or a relevant person for the journalist is called to give evidence at a hearing of the relevant proceeding; and

(b) the journalist or relevant person for the journalist claims that section 14V applies in relation to the giving of particular evidence by the journalist or relevant person at the hearing.

(2) The court hearing the relevant proceeding must decide whether the claim is established.

(3) The journalist or relevant person for the journalist has the onus of proving the claim is established on the balance of probabilities.

(4) If the relevant proceeding is a trial by jury, the court must hear and decide the claim in the absence of the jury.

(5) In hearing the claim, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting.

(6) However, if the relevant proceeding is a criminal proceeding, the court must not exclude the accused person from the room.