127AJournalist privilege

127A Journalist privilege (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 identity of the informant or enable that identity to be ascertained. (2) The court or a judicial entity 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 determined in that proceeding, the public interest in the identity of the informant outweighs: (a) any likely adverse effect of the disclosure on the informant or any other person; and (b) the public interest in the communication of facts and opinion to the public and, accordingly also, in the ability of journalists to access sources of information. (3) Without limiting the matters that may be taken into account by the court or judicial entity for the purposes of subsection (2)(b), it is to take into account: (a) whether the information provided by the informant is a matter of public interest; and

Evidence (National Uniform Legislation) Act 2011 75 (b) how the journalist used the information provided by the informant, including whether the journalist: (i) verified the information before using the information (if reasonably practicable); and (ii) used the information in a manner that minimised any undue harm to any person; and (iii) used the information in a fair and accurate manner. (4) An order under subsection (2) may be made subject to any conditions the court or judicial entity thinks fit. (5) This section applies even if an Act provides: (a) that the rules or laws of evidence do not apply or that a judicial entity is not bound by the rules or laws of evidence; or (b) that a person is not excused from answering any question or producing any document or other thing on the ground of privilege or any other ground. informant means a person who provides new or noteworthy information to a journalist for use in a news medium. journalist means a person who: (a) obtains new or noteworthy information about matters of public interest; and (b) deals with the information by: (i) preparing the information for a news medium; or (ii) providing comment, opinion or analysis of the information for a news medium. news medium means any medium for the dissemination of information to the public or a section of the public.