64Supreme Court applications

64 Supreme Court applications (1) The Commissioner or the person claiming privilege may apply to the Supreme Court for it to determine the validity of the claim. (2) An application under subsection (1) must be made in accordance with the Rules of the Supreme Court or, to the extent the Rules do not provide, as directed by the Supreme Court. (3) The burden of proof is on the person seeking to withhold the information or document. (4) In determining an application, the Supreme Court may make all orders necessary for the practical operation of this Division and, in particular, may make orders: (a) excusing a person from providing or producing, or requiring a person to provide or produce, the whole or part of the information or document; or (b) amending a notice issued under this Act by which the information or document was required to be provided or produced. (5) Costs of an application are as ordered by the Supreme Court.

Health and Community Services Complaints Act 1998 35