Section 126K — Evidence Act 1995 (Cth)

(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.

Related sections

• s 125 — Loss of client legal privilege: misconduct
• s 126 — Loss of client legal privilege: related communications and documents
• s 126J — Definitions
• s 127 — Religious confessions
• s 128 — Privilege in respect of self‑incrimination in other proceedings
• s 128A — Privilege in respect of self‑incrimination—exception for certain orders etc

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