New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 247S

247S Personal details not to be provided

(1) The prosecutor is not to disclose in any notice under this Division the address or telephone number of any witness proposed to be called by the prosecutor, or of any other living person, unless--

(a) the address or telephone number is a materially relevant part of the evidence, or

(b) the court makes an order permitting the disclosure.

(2) An application for such an order may be made by the defendant or the prosecutor.

(3) The court must not make such an order unless satisfied that the disclosure is not likely to present a reasonably ascertainable risk to the welfare or protection of any person or that the interests of justice (including the defendant's right to prepare properly for the hearing of the evidence for the prosecution) outweigh any such risk.

(4) This section does not prevent the disclosure of an address if the disclosure does not identify it as a particular person's address, or it could not reasonably be inferred from the matters disclosed that it is a particular person's address.

(5) An address or telephone number that must not be disclosed may, without reference to the person who made the affidavit or statement being disclosed, be deleted from that affidavit or statement, or rendered illegible, before the affidavit or statement is given to the defendant.