Queensland Consolidated Acts

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CRIME AND CORRUPTION ACT 2001 - SECT 196

Supreme Court to decide claim of privilege

196 Supreme Court to decide claim of privilege

(1) This section applies if a person makes a claim of privilege under section 73 , 75 , 94 or 111 in relation to information or a document or thing or under section 192 in relation to a refusal to answer a question.
(2) The chairperson or the person making the claim of privilege may apply to a Supreme Court judge to decide whether the claim is established and, if established, whether it is to be upheld.
(3) The burden of proof on the application is on the person who seeks to withhold the information, document or thing or to prevent the exercise of authority.
(4) The judge must consider submissions and decide whether the claim is established.
(5) If the judge decides that the claim is established on a ground of public interest immunity, the judge may order the person to give the information or produce the document or thing to the commission if the judge decides that, on balance, the public interest is better served by giving the information or producing the document or thing.
(6) If the judge decides that the claim is established on a ground of confidentiality, the judge must order the person to give the information or produce the document or thing to the commission unless the judge decides that to give the information or produce the document or thing would be against the public interest.
(7) Costs of an application made in relation to a claim of privilege are to be borne by the commission, unless otherwise ordered by the judge on the ground that the claim is frivolous or vexatious.



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