Commonwealth Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 23

  (1)   If, in civil or criminal proceedings (the primary proceedings ) instituted against an individual in a court, the individual makes a claim (relevant to the proceedings) that, because of section   10, the individual is not subject to any civil, criminal or administrative liability for making a particular public interest disclosure:

  (a)   the individual bears the onus of adducing or pointing to evidence that suggests a reasonable possibility that the claim is made out; and

  (b)   if the individual discharges that onus--the party instituting the primary proceedings against the individual bears the onus of proving that the claim is not made out; and

  (c)   the court must deal with the claim in separate proceedings; and

  (d)   the court must adjourn the primary proceedings until the claim has been dealt with; and

  (e)   none of the following:

  (i)   any admission made by the individual in the separate proceedings;

  (ii)   any information given by the individual in the separate proceedings;

  (iii)   any other evidence adduced by the individual in the separate proceedings;

    is admissible in evidence against the individual except in proceedings in respect of the falsity of the admission, information or evidence; and

  (f)   if the individual or another person gives evidence in the separate proceedings in support of the claim--giving that evidence does not amount to a waiver of privilege for the purposes of the primary proceedings or any other proceedings.

  (2)   To avoid doubt, a right under section   126K of the Evidence Act 1995 not to be compelled to give evidence is a privilege for the purposes of paragraph   (1)(f) of this section.