New South Wales Consolidated Regulations

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LOCAL COURT RULES 2009 - REG 3.12

Addresses, dates of birth and phone numbers not to be disclosed

3.12 Addresses, dates of birth and phone numbers not to be disclosed

(1) A copy of a brief of evidence served on an accused person under the 1986 Act must not include any written statement that discloses the address, date of birth or telephone number of the person who made the statement or of any other living person, unless:
(a) the address, date of birth or telephone number is a materially relevant part of the evidence, or
(b) a Magistrate makes an order permitting the disclosure in the statement.
(2) An application for such an order may be made by the accused person or the prosecutor.
(3) The Magistrate must not make any such 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 accused person's right to prepare properly for the hearing of the evidence for the prosecution) outweigh any such risk.
(4) This rule does not prevent the disclosure of an address in a written statement if the statement does not identify it as a particular person's address, or it could not reasonably be inferred from the statement that it is a particular person's address.
(5) An address, date of birth or telephone number that must not be disclosed may, without reference to the person who made the written statement, be deleted from the statement, or rendered illegible, before the statement is served on the accused person.
(6) In this rule,
"address" includes residential address, business address, email address and web-based address.



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