sec.205ZLSupreme Court to decide claim

### sec.205ZL Supreme Court to decide claim This section applies in relation to an application made under section 205ZJ or 205ZK . Other than for a claim on the ground of journalist privilege, the burden of proof on the application is on the person who seeks— to withhold the document, thing or information; or not to answer the question; or to prevent the exercise of authority. For a claim on the ground of journalist privilege— the burden of proof for establishing the claim is on the journalist or relevant person for the journalist; and the burden of proof in relation to the matters mentioned in section 205ZS (1) , other than the establishment of the claim, is on the commission. The Supreme Court must— consider the claim of reasonable excuse based on privilege the subject of the application; and hear the person’s submissions and the commission’s submissions; and decide the claim under division 3 . The Supreme Court must deal with the application expeditiously. The Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh, in whole or part. When considering the claim, the Supreme Court may access the document, thing or information the subject of the claim. The application is to be heard in closed court. See also section 200A in relation to the confidentiality of proceedings under this section. However, the Supreme Court may permit another person to be present at a hearing for the application if the court considers it is in the interests of justice to do so. The Supreme Court must give reasons for the court’s decision, which may be given orally. Costs of the application are to be borne by the commission, unless otherwise ordered by the Supreme Court on the ground that the claim is frivolous or vexatious. s 205ZL ins 2024 No. 41 s 32 (sec.205ZL-ssec.1) This section applies in relation to an application made under section 205ZJ or 205ZK . (sec.205ZL-ssec.2) Other than for a claim on the ground of journalist privilege, the burden of proof on the application is on the person who seeks— to withhold the document, thing or information; or not to answer the question; or to prevent the exercise of authority. (sec.205ZL-ssec.3) For a claim on the ground of journalist privilege— the burden of proof for establishing the claim is on the journalist or relevant person for the journalist; and the burden of proof in relation to the matters mentioned in section 205ZS (1) , other than the establishment of the claim, is on the commission. (sec.205ZL-ssec.4) The Supreme Court must— consider the claim of reasonable excuse based on privilege the subject of the application; and hear the person’s submissions and the commission’s submissions; and decide the claim under division 3 . (sec.205ZL-ssec.5) The Supreme Court must deal with the application expeditiously. (sec.205ZL-ssec.6) The Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh, in whole or part. (sec.205ZL-ssec.7) When considering the claim, the Supreme Court may access the document, thing or information the subject of the claim. (sec.205ZL-ssec.8) The application is to be heard in closed court. See also section 200A in relation to the confidentiality of proceedings under this section. (sec.205ZL-ssec.9) However, the Supreme Court may permit another person to be present at a hearing for the application if the court considers it is in the interests of justice to do so. (sec.205ZL-ssec.10) The Supreme Court must give reasons for the court’s decision, which may be given orally. (sec.205ZL-ssec.11) Costs of the application are to be borne by the commission, unless otherwise ordered by the Supreme Court on the ground that the claim is frivolous or vexatious. - (a) to withhold the document, thing or information; or - (b) not to answer the question; or - (c) to prevent the exercise of authority. - (a) the burden of proof for establishing the claim is on the journalist or relevant person for the journalist; and - (b) the burden of proof in relation to the matters mentioned in section 205ZS (1) , other than the establishment of the claim, is on the commission. - (a) consider the claim of reasonable excuse based on privilege the subject of the application; and - (b) hear the person’s submissions and the commission’s submissions; and - (c) decide the claim under division 3 .