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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Evidence (Journalists) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Evidence
Act 1929
.
Contents
Part 2—Amendment of Evidence
Act 1929
72BNo liability incurred for
failure to disclose identity of informant in court proceedings
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Evidence (Journalists) Amendment
Act 2018.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Evidence
Act 1929
After Part 8 insert:
Part 8A—Journalists
72—Interpretation
informant means a person who gives information to a
journalist in the normal course of the journalist's work;
journalist means (subject to a regulation made under
subsection (2)
) a person engaged in the profession or occupation of journalism in
connection with the publication of information in a news medium;
news medium means any medium for the dissemination to the
public, or a section of the public, of news and observations on news;
prescribed person, in respect of a journalist,
means—
(a) an employer of the journalist; or
(b) a person who engaged the journalist under a contract for services;
or
(c) any other person prescribed by the regulations for the purposes of
this definition.
(2) The regulations
may specify classes of person who are deemed to be included in, or excluded
from, the definition of journalist in
subsection (1)
.
72A—Application of Part
This Part applies to any proceedings before a court commenced before or
after the commencement of this Part.
72B—No liability incurred for failure to disclose
identity of informant in court proceedings
(1) Subject to this
section, but despite any other provision of this Act or any other Act or law,
if, in the course of proceedings to which this Part applies, a person satisfies
the court that—
(a) the person is—
(i) a journalist; or
(ii) a prescribed person in respect of a journalist; and
(b) —
(i) in the case of a journalist—the journalist; or
(ii) in the case of a prescribed person—the journalist in respect of
whom the person is a prescribed person,
has been given information by an informant; and
(c) the informant gave the information to the journalist in the
expectation that the information may be published in a news medium;
and
(d) the informant reasonably expected that the informant's identity would
be kept confidential (whether because of an express undertaking given by the
journalist or otherwise),
then the person does not incur any criminal or civil liability for failing
or refusing to answer any question, or to produce any document or other
material, that may directly or indirectly disclose the identity of the
informant.
(2) However, the
court may, on the application of a party to the proceedings or on its own
motion—
(a) order that
subsection (1)
does not apply to, or in relation to, a person; and
(b) make any ancillary order the court thinks appropriate.
(3) The court may only make an order under
subsection (2)(a)
if it is satisfied that, having regard to the circumstances of the case,
the public interest in disclosing the identity of the informant—
(a) outweighs any likely adverse effect of the disclosure on the informant
or any other person; and
(b) outweighs the public interest relating to the communication of
information by the news media generally; and
(c) outweighs the need of the news media to be able to access information
held by potential informants.