sec.151CSource of information not to be disclosed

### sec.151C Source of information not to be disclosed This section applies to a proceeding under this Act or another Act if an informer has supplied information to a police officer in relation to the commission of an indictable offence against this Act. If the prosecutor or a prescribed witness in the proceeding is asked to disclose any of the following, the prosecutor or prescribed witness can not be compelled to disclose— the name of an informer, or any other particular that may be likely to lead to the informer’s identification; or the fact that, in relation to the offence, the prosecutor or witness— received information from an informer; or furnished information to an informer or the nature of the information. A police officer appearing as a prosecutor or witness in the proceeding must not be compelled— to produce a report or document, made or received by the police officer in the police officer’s official capacity or containing information given by the informer in relation to the offence; or to make a statement in relation to the report or document or information contained in the report or document. However the prosecutor, prescribed witness or police officer in the proceeding may be compelled to disclose information, or a report or document, to the extent— the informer consents to the particular information, or all or a particular part of the report or document, being disclosed; or a court orders that particular information, or all or a particular part of the report or document, be disclosed after being satisfied that the disclosure is not likely to jeopardise the informer’s safety and is in the public interest. In this section— prescribed witness means— a person appearing as a witness for the prosecution; or a police officer appearing as a witness for the defence. s 151C ins 2003 No. 37 s 68 (sec.151C-ssec.1) This section applies to a proceeding under this Act or another Act if an informer has supplied information to a police officer in relation to the commission of an indictable offence against this Act. (sec.151C-ssec.2) If the prosecutor or a prescribed witness in the proceeding is asked to disclose any of the following, the prosecutor or prescribed witness can not be compelled to disclose— the name of an informer, or any other particular that may be likely to lead to the informer’s identification; or the fact that, in relation to the offence, the prosecutor or witness— received information from an informer; or furnished information to an informer or the nature of the information. (sec.151C-ssec.3) A police officer appearing as a prosecutor or witness in the proceeding must not be compelled— to produce a report or document, made or received by the police officer in the police officer’s official capacity or containing information given by the informer in relation to the offence; or to make a statement in relation to the report or document or information contained in the report or document. (sec.151C-ssec.4) However the prosecutor, prescribed witness or police officer in the proceeding may be compelled to disclose information, or a report or document, to the extent— the informer consents to the particular information, or all or a particular part of the report or document, being disclosed; or a court orders that particular information, or all or a particular part of the report or document, be disclosed after being satisfied that the disclosure is not likely to jeopardise the informer’s safety and is in the public interest. (sec.151C-ssec.5) In this section— prescribed witness means— a person appearing as a witness for the prosecution; or a police officer appearing as a witness for the defence. - (a) the name of an informer, or any other particular that may be likely to lead to the informer’s identification; or - (b) the fact that, in relation to the offence, the prosecutor or witness— (i) received information from an informer; or (ii) furnished information to an informer or the nature of the information. - (i) received information from an informer; or - (ii) furnished information to an informer or the nature of the information. - (i) received information from an informer; or - (ii) furnished information to an informer or the nature of the information. - (a) to produce a report or document, made or received by the police officer in the police officer’s official capacity or containing information given by the informer in relation to the offence; or - (b) to make a statement in relation to the report or document or information contained in the report or document. - (a) the informer consents to the particular information, or all or a particular part of the report or document, being disclosed; or - (b) a court orders that particular information, or all or a particular part of the report or document, be disclosed after being satisfied that the disclosure is not likely to jeopardise the informer’s safety and is in the public interest. - (a) a person appearing as a witness for the prosecution; or - (b) a police officer appearing as a witness for the defence.