sec.14XApplications for orders requiring giving of evidence despite journalist privilege

### sec.14X Applications for orders requiring giving of evidence despite journalist privilege If the court decides, under section 14W , the claim is established, a party to the relevant proceeding may apply to the court for an order that the journalist or relevant person for the journalist must give the evidence despite section 14V . The applicant has the onus of proving each of the grounds of the application on the balance of probabilities. If the relevant proceeding is a trial by jury, the court must hear and decide the application in the absence of the jury. In hearing the application, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting. However, if the relevant proceeding is a criminal proceeding, the court must not exclude the accused person from the room. s 14X ins 2022 No. 12 s 33 (sec.14X-ssec.1) If the court decides, under section 14W , the claim is established, a party to the relevant proceeding may apply to the court for an order that the journalist or relevant person for the journalist must give the evidence despite section 14V . (sec.14X-ssec.2) The applicant has the onus of proving each of the grounds of the application on the balance of probabilities. (sec.14X-ssec.3) If the relevant proceeding is a trial by jury, the court must hear and decide the application in the absence of the jury. (sec.14X-ssec.4) In hearing the application, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting. (sec.14X-ssec.5) However, if the relevant proceeding is a criminal proceeding, the court must not exclude the accused person from the room.