45Grounds on which informant may refuse disclosure

45 Grounds on which informant may refuse disclosure (1) The informant may refuse to disclose any information, document or thing that is required by this Division to be disclosed to the accused if the informant considers that disclosure would, or would be reasonably likely to— (a) prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper administration of the law in a particular instance; or (b) prejudice the fair hearing of the charge against a person or the impartial adjudication of a particular case; or (c) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or (d) disclose methods or procedures for preventing, detecting, investigating or dealing with matters arising out of contraventions or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or (e) endanger the lives or physical safety of persons engaged in, or in connection with, law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law; or S. 45(1)(f) amended by No. 42/2015 s. 15(1)(a). (f) endanger the life or physical safety of a person referred to in section 43(1)(a) or of a family member, as defined in the **Family Violence Protection Act 2008**, of such a person; or S. 45(1)(g) inserted by No. 42/2015 s. 15(1)(b), amended by No. 47/2016 s. 37(5). (g) result in the disclosure of child abuse material to the accused personally. S. 45(1A) inserted by No. 42/2015 s. 15(2). (1A) The informant may not refuse, on the ground referred to in subsection (1)(g), a request under section 43(1)(c) for inspection of exhibits by the accused's legal practitioner (but not the accused personally). (2) The informant may refuse to disclose any information, document or thing that is requested under section 43(1)(d) on any ground on which the informant would be entitled to refuse to produce the information, document or thing under a witness summons. (3) The informant may refuse to disclose the particulars of any previous conviction of any witness who the informant intends to call at the hearing if the previous conviction is, because of its character, irrelevant to the proceeding but the informant must advise the accused of the existence of any undisclosed previous convictions. Notes to s. 45 amended by No. 68/2009 s. 51(p). 1 See section 14 of the **Victims' Charter Act 2006** as to victims' privacy. 2 See section 416 as to the prosecution's general obligation of disclosure. 46 Accused may apply for order requiring disclosure (1) The accused may apply to the Magistrates' Court for an order under subsection (2) requiring disclosure if— (a) the informant has served on the accused under section 45 a statement of grounds for refusing disclosure; or (b) the informant has failed to give disclosure in accordance with this Division. (2) On application under subsection (1), the Magistrates' Court may order that the informant disclose to the accused any information, document or thing in accordance with a request under section 43 or a requirement of this Division. S. 46(3) inserted by No. 42/2015 s. 16. (3) Without limiting subsection (2), if an application under subsection (1) relates to an informant's refusal to disclose any information, document or thing on the ground referred to in section 45(1)(g), the Magistrates' Court, having regard to whether the accused is legally represented, may order, on any conditions specified by it, that the disclosure be made to—