This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
provides that the informant must not disclose the address or telephone number of any person in the material provided to the accused under this Division unless—
the Magistrates' Court permits; or
the informant believes that the material either does not identify such information or that information is relevant to the offence charged and is not likely to present a reasonably ascertainable risk to the welfare or physical safety of a person.
This clause takes a more restrictive approach than the current provision relating to disclosure of witness details in clause 1A(2)(d), Schedule 2 to the Magistrates' Court Act 1989. The informant may delete or render illegible the relevant information before serving the material on the accused. Under subclause (3), the court may permit disclosure, if the address or telephone number is relevant to the offence charged and either—
disclosure is not likely to pose a reasonably ascertainable risk to the welfare or safety of the witness; or
the interests of justice outweigh any reasonably ascertainable risk.
In considering whether it is in the interests of justice, the court must weigh the right to privacy of the witness against the right of the accused to prepare properly for the hearing. The new balancing exercise the court is required to undertake recognises the right of a person to their privacy and reputation as found in section 13 of the Charter of Human Rights and Responsibilities and section 14 of the Victims' Charter Act 2006.