31ECourt may grant leave to disclose relevant information

31E Court may grant leave to disclose relevant information

31E Court may grant leave to disclose relevant information

(1) The court may, on the application of a party or of its own motion, give leave to a party to ask questions of a witness, including the protected person, or make a statement that, if answered or made, may disclose the protected person’s protected identity or where the protected person lives.

(2) The only parties to whom such leave may be given are as follows—

(a) for a criminal proceeding—the prosecutor and each accused person to whom the relevant proceeding relates or the person’s legal representative,

(b) for a civil proceeding—each party to the relevant proceeding or the party’s legal representative,

(c) for another proceeding—each person who has been given leave to appear in the relevant proceeding or the person’s legal representative,

(d) in any proceedings—an Australian legal practitioner assisting the court.

(3) The court may direct that the application be heard in the absence of any jury empanelled for the proceeding and the public.

(4) The court must not give leave to a party under this section unless satisfied—

(a) there is some evidence that, if believed, would call into question the credibility of the protected person, and

(b) it is in the interests of justice for the party to be able to test the credibility of the protected person, and

(c) it would be impractical to test properly the credibility of the protected person without knowing the protected identity of the person.

(5) If the court gives leave, a person may, in accordance with the leave—

(a) ask a question that may lead to the disclosure of the protected identity of the protected person or where the protected person lives, or

(b) answer a question, give evidence, or provide information that may lead to the disclosure of the protected identity of the protected person or where the protected person lives, or

(c) make a statement that discloses or could disclose the protected identity of the protected person or where the protected person lives.