Evidence Amendment (Journalists' Privilege) Act 2011 (Cth)

Evidence Amendment (Journalists' Privilege) Act 2011

No. 21, 2011

An Act to amend the Evidence Act 1995, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments relating to journalists' privilege Evidence Act 1995 Family Law Act 1975

Evidence Amendment (Journalists' Privilege) Act 2011 No. 21, 2011

An Act to amend the Evidence Act 1995, and for related purposes

[Assented to 12 April 2011]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Evidence Amendment (Journalists' Privilege) Act 2011.

2 Commencement This Act commences on the day after it receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments relating to journalists' privilege

Evidence Act 1995

1 Division 1A of Part 3.10 Repeal the Division, substitute:

Division 1A—Journalists' privilege

126G Definitions (1) In this Division: informant means a person who gives information to a journalist in the normal course of the journalist's work in the expectation that the information may be published in a news medium. journalist means a person who is engaged and active in the publication of news and who may be given information by an informant in the expectation that the information may be published in a news medium. news medium means any medium for the dissemination to the public or a section of the public of news and observations on news.

126H Protection of journalists' sources (1) If a journalist has promised an informant not to disclose the informant's identity, neither the journalist nor his or her 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 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 disclosure of evidence of 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 by the news media and, accordingly also, in the ability of the news media to access sources of facts. (3) An order under subsection (2) may be made subject to such terms and conditions (if any) as the court thinks fit.