Victorian Numbered Acts Victorian Numbered Acts(1) This section applies if, in a criminal proceeding—
(a) a subpoena is issued for a protected person to produce any document or other thing that has come into his or her possession in the performance of functions under this Act; and
(b) the protected person objects to the production of the document or other thing in the proceeding, or to the inspection of the document or other thing by one or more parties to the proceeding, on the basis that the document or other thing is a protected document or other thing.
(2) The protected person must give notice of the objection to each party to the proceeding, indicating the category of the document or other thing, and apply to the court to determine the application—
(a) by confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties; or
(b) at a hearing held in closed court in which the protected person and each party to the proceeding has a right to be heard by the court regarding the objection; or
(c) at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties; or
(d) by any combination of the methods set out in paragraphs (a), (b) and (c).
(3) If the court is satisfied that it is not in the public interest to determine the application by the method elected by the protected person, the court may determine the application by any other method set out in subsection (2).
(4) In deciding which method to determine the application, the court must take into account—
(a) the public interest in protecting the confidentiality of the Director's investigative techniques and documents and other things in the Director's possession; and
(b) the extent to which the method of determining the objection may disclose information that—
(i) reveals the identity of an informer or put an informer's safety at risk; or
(ii) reveals the identity of a person who has been called, or who has appeared, as a witness in an examination, or put such a person's safety at risk; or
(iii) reveals the identity of a person who has provided the Director with information relating to an investigation, or put such a person's safety at risk; or
(iv) reveals the identity of a person whose name appears in any evidence given or information provided to the Director relating to an investigation, or put such a person's safety at risk; or
(v) reveals the identity of a person who is or has been the subject of an investigation, or put such a person's safety at risk; or
(vi) places at risk an ongoing investigation—
(A) under this Act by the Director; or
(B) by Victoria Police; or
(vii) places at risk the disclosure of any investigative method used by the Director or by Victoria Police; or
(viii) it would otherwise not be in the public interest to disclose.
(5) If the court determines the objection by the method set out in subsection (2)(a), the court may require the protected person to provide the court with any further confidential affidavits the court requires to determine the objection.
(6) Without limiting any other basis on which the court may refuse to require production of the document or other thing, or to allow a party to the proceeding to inspect the document or other thing, the court must refuse to so require or allow if the court determines that the document or other thing is a protected document or other thing.
(7) Subsection (6) does not apply if the party seeking production or inspection of the document or other thing satisfies the court that exceptional circumstances exist that require the production or inspection of the document or other thing.
(8) In this section a reference to a document or other thing includes a reference to part of a document or other thing.