Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 14Z

14Z Objections to disclosure requirements on grounds of journalist privilege

(1) This section applies if—

(a) the journalist or a relevant person for the journalist is subject to a disclosure requirement in relation to the relevant proceeding; and

(b) the journalist or relevant person for the journalist objects to complying with the disclosure requirement on the grounds that section 14V applies; and

(c) the court hearing the relevant proceeding is required to make a decision in relation to the objection.

(2) The court may decide the objection is established only if satisfied that—

(a) section 14V applies in relation to compliance with the disclosure requirement by the journalist or relevant person for the journalist; and

(b) having regard to the issues to be determined in the relevant proceeding, the public interest in disclosing the informant’s identity does not outweigh the matters mentioned in section 14Y (1) (a) and (b) .

(3) In considering the matter mentioned in subsection (2) (b) , the court may—

(a) have regard to the matters mentioned in section 14Y (2) ; and

(b) consider a written or oral statement made by the informant to the court about the matter mentioned in section 14Y (1) (a) .

(4) In hearing the objection, 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.

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

(6) If the court decides the objection is not established, the journalist or relevant person for the journalist must comply with the disclosure requirement.