Western Australian Current Acts Western Australian Current Acts (1) A written report
or a written record as to the contents of an oral report is to be taken to be
a document that is not required to be disclosed under the
Criminal Procedure Act 2004 section 35, 42, 61, 62, 95 or 96 unless —
(a) the
proceedings are for the prosecution of an offence mentioned in
section 124F(2)(d); or
(b) the
court concerned orders otherwise.
(2) A party to any
legal proceedings cannot require a person to produce to the party, or the
court or tribunal concerned, a report or evidence of the contents of a report
unless —
(a) the
proceedings are for the prosecution of an offence mentioned in
section 124F(2)(d); or
(b) the
court or tribunal concerned gives leave to do so.
(3) A report or
evidence of the contents of a report is not admissible in any legal
proceedings unless —
(a) the
proceedings are for the prosecution of an offence mentioned in
section 124F(2)(d); or
(b) the
report or the evidence of the contents of the report is given by an officer
and the proceedings are of a kind mentioned in section 124F(2)(e) to (i)
inclusive; or
(c) the
court or tribunal concerned orders otherwise.
(4) In any legal
proceedings a person must not be asked and, if asked, is entitled to refuse to
answer, any question the answer to which would give identifying information in
relation to a reporter unless —
(a) the
proceedings are for the prosecution of an offence mentioned in
section 124F(2)(d); or
(b) the
person is an officer and the proceedings are of a kind mentioned in
section 124F(2)(e) to (i) inclusive; or
(c) the
court or tribunal concerned gives leave to do so.
(5) In any legal
proceedings a person must not be asked and, if asked, is entitled to refuse to
answer, any question as to whether a particular matter is the subject of a
report unless —
(a) the
proceedings are for the prosecution of an offence mentioned in
section 124F(2)(d); or
(b) the
person is an officer and the proceedings are of a kind mentioned in
section 124F(2)(e) to (i) inclusive; or
(c) the
court or tribunal concerned gives leave to do so.
(6) Any other evidence
as to identifying information in relation to a reporter must not be adduced in
any legal proceedings unless —
(a) the
proceedings are for the prosecution of an offence mentioned in
section 124F(2)(d); or
(b) the
evidence is adduced by an officer and the proceedings are of a kind mentioned
in section 124F(2)(e) to (i) inclusive; or
(c) the
court or tribunal concerned orders otherwise.
[Section 124G inserted: No. 26 of 2008 s. 5.]