126KJournalist privilege relating to informant’s identity

126K Journalist privilege relating to informant’s identity (1) If a journalist has promised an informant not to disclose the informant’s identity, neither the journalist nor the journalist’s employer is compellable to answer any question or produce any document that would disclose the informant’s identity or enable that identity to be ascertained. (2) The court may, on the application of a party, order that subsection (1) is not to apply if it is satisfied that, having regard to the issues to be decided in the proceeding, the public interest in the disclosure of the informant’s identity outweighs— (a) any likely adverse effect of the disclosure on the informant or anyone else; and (b) the public interest in the communication of facts and opinion to the public by the news media and, accordingly also, in the news media’s ability to access sources of facts. (3) An order under subsection (2) may be made subject to the conditions (if any) the court thinks fit. Note The Commonwealth Act, s 126H is equivalent to this section.