Category Archives: s. 126G

Ashby v Commonwealth of Australia (No 2) [2012] FCA 766 (13 July 2012)

http://www.austlii.edu.au/au/cases/cth/FCA/2012/766.html

EVIDENCE – privilege – journalist’s privilege – journalist’s assertion of privilege under s 126H(1) of the Evidence Act 1995 (Cth) – where journalist asserts that he or she is not compellable to produce a document in answer to a subpoena under ss 126H(1) and 131A – whether document falling within the ambit of a subpoena discloses, or enables to be ascertained, the identity of a person who provided information to the journalist in the expectation of confidentiality – where party issuing subpoena has not applied to the Court to exercise its discretion under ss 126H(2) or 131A(1A) to override journalist’s privilege on public interest grounds

Held: under s126H(1), a journalist is not compellable to produce a document that would disclose, or enable to be ascertained, the identity of the journalist’s informant as the source of the particular information for which the informant sought confidentiality – no such privilege exists if the informant’s identity as the journalist’s source of the particular information has already been disclosed or is able to ascertained

Evidence Act 1995 (Cth) ss 126G, 126H, 131A