30BSupreme Court may authorise the registration of a person as a reportable human source for certain purposes

30B Supreme Court may authorise the registration of a person as a reportable human source for certain purposes

(1) The Supreme Court may make an order of a kind referred to in section 30A(1) only if the court is reasonably satisfied—

(a) that the use of the person as a human source—

(b) that the risks associated with the person's registration as a human source have been identified and can be adequately managed; and

(c) that the registration of the person as a reportable human source is otherwise appropriate and justified; and

(d) of either of the following—

(i) that—

(A) there is a serious and imminent threat to national security, the health or safety of the public or a section of the public, the life of a person or of serious physical harm to a person; and

(B) registering the person as a reportable human source is immediately necessary to respond to the threat; and

(C) the information or assistance that the person is expected to provide if registered as a reportable human source cannot be obtained through any other reasonable means; or

(ii) the information is subject to an exception to client legal privilege of a kind that permits its disclosure to law enforcement officers; and

(e) in the case of an application that is not made in person, that it would have been impracticable for the application to be made in person; and

(f) in the case of an application that is not supported by an affidavit, that it would have been impracticable for an affidavit to have been prepared and sworn or affirmed before the application was made.

(2) In considering whether the court is reasonably satisfied of the matters specified in subsection (1), the court must consider the following—

(a) whether the person is reasonably expected to have access to privileged information or privileged information in respect of which there is an exception to the privilege and, if so, whether that information is related to the information the person is expected to provide to a police officer if registered as a reportable human source;

(b) whether the person is reasonably expected to have access to information that is subject to a legal obligation of confidentiality and, if so, whether that information is related to the information the person is expected to provide to a police officer if registered as a reportable human source;

(c) any specialist advice regarding the registration of the person as a reportable human source;

(d) the person's age;

(e) the person's health, including the person's mental and physical health;

(f) the purpose for which the person is proposed to be registered as a reportable human source;