sec.205DJournalist privilege relating to identity of informants

### sec.205D Journalist privilege relating to identity of informants This section applies if— a person makes a claim of reasonable excuse based on journalist privilege for not complying with a requirement to— produce a document, thing or information to the commission; or provide information in answer to a question at a commission hearing; and the person is a journalist or a relevant person for a journalist; and another person (the informant ) gave the document, thing or information to the journalist, in the normal course of the journalist’s activities as a journalist, in the expectation the document, thing or information may be published in a news medium; and the journalist promised the informant not to disclose the informant’s identity as the source of the document, thing or information. Subject to this chapter, the journalist or the relevant person can not be compelled to comply with the requirement if complying with the requirement would— disclose the identity of the informant as the source of the document, thing or information; or enable the identity of the informant as the source of the document, thing or information to be ascertained. However, this section applies in relation to a relevant person for the journalist only if the relevant person became aware of the identity of the informant as the source of the document, thing or information— in the normal course of the relevant person’s work with the journalist; or in the course of, or as a result of, an investigation or proceeding under this Act. To remove any doubt, it is declared that this section does not prevent a person from disclosing the informant’s identity as the source of the document, thing or information. s 205D ins 2024 No. 41 s 32 (sec.205D-ssec.1) This section applies if— a person makes a claim of reasonable excuse based on journalist privilege for not complying with a requirement to— produce a document, thing or information to the commission; or provide information in answer to a question at a commission hearing; and the person is a journalist or a relevant person for a journalist; and another person (the informant ) gave the document, thing or information to the journalist, in the normal course of the journalist’s activities as a journalist, in the expectation the document, thing or information may be published in a news medium; and the journalist promised the informant not to disclose the informant’s identity as the source of the document, thing or information. (sec.205D-ssec.2) Subject to this chapter, the journalist or the relevant person can not be compelled to comply with the requirement if complying with the requirement would— disclose the identity of the informant as the source of the document, thing or information; or enable the identity of the informant as the source of the document, thing or information to be ascertained. (sec.205D-ssec.3) However, this section applies in relation to a relevant person for the journalist only if the relevant person became aware of the identity of the informant as the source of the document, thing or information— in the normal course of the relevant person’s work with the journalist; or in the course of, or as a result of, an investigation or proceeding under this Act. (sec.205D-ssec.4) To remove any doubt, it is declared that this section does not prevent a person from disclosing the informant’s identity as the source of the document, thing or information. - (a) a person makes a claim of reasonable excuse based on journalist privilege for not complying with a requirement to— (i) produce a document, thing or information to the commission; or (ii) provide information in answer to a question at a commission hearing; and - (i) produce a document, thing or information to the commission; or - (ii) provide information in answer to a question at a commission hearing; and - (b) the person is a journalist or a relevant person for a journalist; and - (c) another person (the informant ) gave the document, thing or information to the journalist, in the normal course of the journalist’s activities as a journalist, in the expectation the document, thing or information may be published in a news medium; and - (d) the journalist promised the informant not to disclose the informant’s identity as the source of the document, thing or information. - (i) produce a document, thing or information to the commission; or - (ii) provide information in answer to a question at a commission hearing; and - (a) disclose the identity of the informant as the source of the document, thing or information; or - (b) enable the identity of the informant as the source of the document, thing or information to be ascertained. - (a) in the normal course of the relevant person’s work with the journalist; or - (b) in the course of, or as a result of, an investigation or proceeding under this Act.