ACTIn ForceRegulation
Court Procedures Rules
6851Privilege of witnesses—unsupported claim etc for
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6851 Privilege of witnesses—unsupported claim etc for
div 6.10.9 examination
(1) This rule applies to evidence that is the subject of a claim for privilege
under rule 6850 (1) (b) if the claim is not supported or conceded in
accordance with that rule.
(2) The deposition, and any transcript, recording the evidence must—
(a) be kept separate from any other deposition or transcript in the
(b) when given to the registrar, be accompanied by a statement
signed by the examiner setting out the claim for privilege and
the ground on which it was made.
Rule 6851
(3) The registrar—
(a) must include the statement of the claim for privilege, and a
request to decide the claim, with the documents sent to the
Attorney-General under rule 6849 (Certificate of order and
depositions—div 6.10.9 examination); and
(b) must not include with those documents the deposition, or any
transcript, recording the evidence that is the subject of the claim.
(4) After the requesting court decides the claim for privilege, the registrar
(a) if the requesting court rejects the claim—send it the deposition,
and any transcript, recording the evidence to which the claim
relates; or
(b) if the requesting court upholds the claim—return the deposition
and any transcript to the person claiming privilege.
(5) The registrar must also tell the person claiming privilege, and the
applicant for the order for examination, about the decision of the
requesting court.
Rule 6860