Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 590AQ

590AQ Limit on disclosure contrary to the public interest

(1) The prosecution is not, for a relevant proceeding, required under this chapter division to disclose to the accused person a thing, other than as required under this section, if the prosecution—

(a) considers the disclosure would be contrary to the public interest; and

(b) gives the accused person a written notice stating that the prosecution—

(i) considers the disclosure would be contrary to the public interest; and

(ii) is not required to disclose the thing to the accused person other than as required under this section.

(2) Without limiting subsection (1) (a) , the prosecution is not required to disclose the thing to the accused person if—

(a) there are reasonable grounds for considering disclosure of the thing would—

(i) prejudice the security, defence or international relations of Australia; or

(ii) damage relations between the Commonwealth and a State or between 2 or more States; or

(iii) facilitate the commission of another offence; or

(iv) prejudice the prevention, investigation or prosecution of an offence; or

(v) prejudice the usefulness of surveillance or other detection methods; or

(vi) disclose, or enable a person to find out, the existence or identity of a confidential source of information relating to the enforcement or administration of a law of the Commonwealth or a State; or

(vii) cause unlawful or dishonest interference with potential witnesses; or

(viii) prejudice the proper functioning of the government of the Commonwealth or a State; or

(b) disclosure of the thing to the accused person is prohibited by law.

Example—

disclosure of an informer’s identity under the Drugs Misuse Act 1986 , section 119

(3) However, unless disclosure to the accused person of the thing is prohibited by law, the court may direct that the thing be disclosed to the accused person.

(4) The court may make a direction only if the court is satisfied, on balance, that disclosing the thing to the accused person is not contrary to the public interest.

(5) In deciding whether to make a direction, the court may inform itself in any way it considers appropriate.

(6) Without limiting the matters the court may take into account in deciding whether to make a direction, the court must take into account the following matters—

(a) the importance of the thing in the relevant proceeding, including, for example, whether the thing is an exculpatory thing;

(b) the nature of the offence;

(c) the likely effect of disclosing the thing and how publication of the thing may be limited;

(d) whether the substance of the thing has already been published.

(7) In this section—

"State" includes a Territory.