Victorian Numbered Regulations

EVIDENCE REGULATIONS 2009 (SR NO 162 OF 2009) - REG 8

r. 8

    (1)     On the application of a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of any person named in a notice given under regulation 7 who saw, heard or otherwise perceived conduct or events referred to in the notice if the court is satisfied that—

        (a)     the address is relevant to the offence charged; and

        (b)     one of the following applies—

              (i)     disclosure is not likely to present a reasonably ascertainable risk to the welfare or physical safety of any person; or

              (ii)     having regard to the matters referred to in subregulation (2), the interests of justice outweigh any risk referred to in subparagraph (i).

    (2)     For the purposes of subregulation (1)(b)(ii), the court must have regard to—

        (a)     the right to privacy of the witness; and

        (b)     the right of the accused to prepare properly for the trial.

Note

See section 14 of the Victims' Charter Act 2006 as to victims' privacy.

    (3)     A direction given under subregulation (1) may be given on such terms as the court thinks fit.