129Exclusion of evidence of reasons for judicial decisions

129 Exclusion of evidence of reasons for judicial decisions

(1)  Evidence of the reasons for a decision made by a person who is –

(a) a judge in an Australian or overseas proceeding; or

(b) an arbitrator in respect of a dispute submitted to the person, or to the person and one or more other persons, for arbitration –

or the deliberation of a person so acting in relation to such a decision, must not be given by the person or a person who, in relation to the proceeding or arbitration, was under the direction or control of that person.

(2)  Such evidence must not be given by tendering as evidence a document prepared by such a person.

(3)  This section does not prevent the admission or use, in a proceeding, of published reasons for a decision.

(4)  In a proceeding, evidence of the reasons for a decision made by a member of a jury in another Australian or overseas proceeding, or of the deliberations of a member of a jury in relation to such a decision, must not be given by any of the members of that jury.

(5)  This section does not apply in a proceeding that is –

(a) a prosecution for any of the following offences:

(i) an offence against or arising under sections 93 , 98 , 100 and 105 of the Criminal Code;

(ii) an offence against or arising under section 289 of the Criminal Code;

(iii) an offence connected with an offence mentioned in subparagraph (i) or (ii) ;

(iv) an offence of conspiring to commit an offence mentioned in subparagraph (i) or (ii) ; or