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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Evidence (Protections for Journalists) Amendment
Bill 2013
A BILL FOR
An Act to amend the Evidence
Act 1929.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Evidence
Act 1929
3Insertion of Part 8A
Part 8A—Protections for journalists
etc
72Interpretation
72AApplication of Part
72BNo liability incurred for
failure etc to disclose identity of informant in court proceedings
etc
72CNo liability incurred for
failure etc to disclose identity of informant in other
proceedings
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Evidence (Protections for Journalists)
Amendment Act 2013.
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—Protections for journalists
etc
72—Interpretation
In this Part—
informant means a person who gives information to a
professional journalist in the ordinary course of the journalist's
work;
professional journalist means a person engaged in the
profession of journalism (whether on a paid or unpaid basis);
news medium means any medium (whether printed, electronic or
otherwise) used to disseminate news, or commentary on news, to members of the
public.
72A—Application of Part
This Part applies to proceedings commenced before or after the commencement
of this Part.
72B—No liability incurred for failure etc to
disclose identity of informant in court proceedings etc
(1) This section
applies in relation to the following proceedings:
(a) criminal or civil proceedings in a prescribed court;
(b) a commission of inquiry under the Royal
Commissions Act 1917.
(2) 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 section applies, a person
satisfies the prescribed court or commission that—
(a) he or she is—
(i) a professional journalist; or
(ii) a prescribed person in respect of a professional journalist;
and
(b) —
(i) in the case of a professional journalist—he or she; or
(ii) in the case of a prescribed person—the professional journalist
in respect of whom he or she is a prescribed person,
has been given information by an informant in the expectation that the
information may be published in a news medium,
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.
(3) However, the
prescribed court or commission may, on the application of a party to the
proceedings or on its own motion, order that
subsection (2) does
not apply to, or in relation to, the person if satisfied—
(a) that it is, in all of the circumstances, in the public interest to
make the order; and
(b) that the disclosure of the identity of the informant is necessary in
the interests of justice as it pertains to the proceedings; and
(c) that the benefit of disclosing the identity of the informant, or of
answering the question or producing the document or other material, outweighs
any prejudicial effect such disclosure may have on an informant, professional
journalist or any other person,
and may make any ancillary order the prescribed court or commission thinks
appropriate.
(4) In this section—
prescribed court—each of the following is a prescribed
court:
(a) the Supreme Court;
(b) the District Court;
(c) the Magistrates Court;
(d) the Youth Court;
(e) the Coroners Court;
(f) the Environment, Resources and Development Court;
(g) the Industrial Court;
(h) any other court prescribed by the regulations for the purposes of this
definition;
prescribed person, in respect of a professional journalist,
means—
(a) an employer of the professional journalist; or
(b) a person who engaged the professional journalist under a contract for
services; or
(c) any other person prescribed by the regulations for the purposes of
this definition.
72C—No liability incurred for failure etc to
disclose identity of informant in other proceedings
(1) This section
applies in relation to any proceedings comprising a hearing, examination or
other proceeding at which a person may, but for this section, be compelled to
answer questions or produce documents (other than proceedings under the Independent
Commissioner Against Corruption Act 2012 or proceedings to which
section 72B
applies).
(2) Subject to this
section, but despite any other provision of this Act or any other Act or law, a
prescribed person does not incur any criminal or civil liability if, in the
course of proceedings to which this section applies, he or she fails or refuses
to answer any question, or to produce any document or other material, that may
directly or indirectly disclose the identity of an informant who has given
information to the prescribed person, or a professional journalist employed or
engaged by the prescribed person, in the expectation that the information may be
published in a news medium.
(3) However, the person
or body conducting the proceedings, or any party to the proceedings, may apply
to the Supreme Court for an order that
subsection (2)
does not apply to the prescribed person.
(4) The Supreme Court may only order that
subsection (2)
does not apply to, or in relation to, the prescribed person if
satisfied—
(a) that it is, in all of the circumstances, in the public interest to
make the order; and
(b) that the disclosure of the identity of the informant is necessary in
the interests of justice as it pertains to the proceedings; and
(c) that the benefit of disclosing the identity of the informant, or of
answering the question or producing the document or other material, outweighs
any prejudicial effect such disclosure may have on an informant, professional
journalist or any other person.
(5) If the Supreme Court makes an order under this section, it may
make any ancillary order it thinks appropriate.
(6) In proceedings to which this section applies, or an application for an
order under this section, the onus is on a prescribed person to prove
that—
(a) he or she is a prescribed person; and
(b) the person whose identity should not be disclosed is an
informant.
(7) In this section—
prescribed person means—
(a) a professional journalist; or
(b) an employer of a professional journalist; or
(c) a person who engaged a professional journalist under a contract for
services; or
(d) any other person prescribed by the regulations for the purposes of
this definition.