ACTIn ForceAct
Evidence (Miscellaneous Provisions) Act 1991
79IAncillary orders for protection of person who made
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79I Ancillary orders for protection of person who made
protected confidence
(1) The court may make any order it considers appropriate to limit
possible harm, or the extent of possible harm, to a person who made
a protected confidence by the disclosure of protected confidence
(2) Without limiting subsection (1), the court may––
(a) order that the court be closed to the public while all or part of
the protected confidence evidence is presented; or
(b) for a document recording a protected confidence––order that a
document be edited as directed by the court or that a copy of a
document (or part of a document) be disclosed instead of the
original; or
(c) make orders in relation to the suppression or publication of all
or any part of the protected confidence evidence; or
(d) for a document recording a protected confidence––make orders
about the production or inspection of the document; or
(e) make orders in relation to the disclosure of—
(i) protected identity information about the person who made
the protected confidence; or
(ii) information that discloses the identity of the person who
made the protected confidence; or
(iii) information from which the identity of the person who
made the protected confidence might reasonably be
inferred.
(3) This section is in addition to section 74 (Prohibition of publication of
complainant’s identity).
protected identity information means information about, or allowing
someone to find out, the private, business or official address, email
address or telephone number of a person.
79IA Counselled person may appear in proceeding if protected
confidence sought to be disclosed
A counselled person may appear in any proceeding in relation to—
(a) the disclosure of a protected confidence made by, to or about the
counselled person; or
(b) the production of a document recording a protected confidence
made by, to or about the counselled person; or
(c) the admission of protected confidence evidence for a protected
confidence made by, to or about the counselled person.
79IB Court must be satisfied counselled person is informed of
rights under div 4.4.3
If it appears to the court that a counselled person may have grounds
to make an objection or seek an order in relation to something
mentioned in section 79IA (a) to (c), the court must satisfy itself that
the counselled person—
(a) is aware of the effect of this division; and
(b) has been given a reasonable opportunity to seek legal advice
about whether to make an objection or seek an order.