New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 280A

280A Disclosure of personal information in subpoenaed documents and things

(1) A person to whom a subpoena is addressed is not required to disclose in any document or thing produced in compliance with the subpoena any personal information, unless--

(a) the personal information is a materially relevant part of the evidence, or

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

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

(3) The court may make such an order only if it is satisfied that disclosure is not likely to present a reasonably ascertainable risk to the welfare or protection of any person or that the interests of justice outweigh any such risk.

(4) Personal information that is not required to be disclosed may, without reference to the person to whom the personal information relates, be deleted from the document or thing, or rendered illegible, before the document or thing is produced to the court or given to the accused person in compliance with the subpoena.

(5) 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.

(6) In this section--

"address" includes a private, business or official address.

"personal information" means the address or telephone number of the person to whom the subpoena is addressed or of any other living person.

"telephone number" includes a private, business or official telephone number.