Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CH

  (1)   If the Court makes an order under subsection   23CD(1) requiring ongoing disclosure in accordance with this section:

  (a)   the accused's ongoing disclosure obligations are set out in subsection   (2); and

  (b)   the prosecutor's ongoing disclosure obligations are set out in subsections   (4) and (5).

Accused's ongoing disclosure obligations

  (2)   If, contrary (or in addition) to the accused's response under section   23CF, the accused later:

  (a)   no longer takes issue with, or no longer contests, something set out in the notice of the prosecution's case; or

  (b)   takes issue with something set out in the notice of the prosecution's case on an alternate or additional basis to the basis set out in the accused's response; or

  (c)   no longer requires the prosecution to do something, or to ensure that something is done; or

  (d)   agrees or accepts, or consents to, something set out in the notice of the prosecution's case; or

  (e)   obtains a report, relevant to the trial, that has been prepared by an expert witness whom the accused proposes to call at the trial;

the accused must notify this to the prosecutor. When giving notice of a report by an expert witness, the accused must include a copy of the report.

Note:   The order may specify the time within which the accused must notify this to the prosecutor (see section   23CD).

Prosecution's ongoing disclosure obligations

  (4)   If, contrary (or in addition) to the prosecution's response under section   23CG, the prosecutor later:

  (a)   no longer contests something set out in the accused's response; or

  (b)   no longer requires the accused to do something, or to ensure that something is done; or

  (c)   agrees or accepts, or consents to, something set out in the accused's response; or

  (d)   obtains a report, relevant to the trial, that has been prepared by an expert witness whom the prosecution proposes to call at the trial;

the prosecutor must notify this to the accused as soon as practicable. When giving notice of a report by an expert witness, the prosecutor must include a copy of the report.

Note:   The order may specify the time within which the prosecutor must notify this to the accused (see section   23CD).

  (5)   After giving the prosecution's response under section   23CG, the prosecutor must give the accused:

  (a)   a copy or details of any additional information, document or other thing in the prosecutor's possession that the prosecutor reasonably believes contains evidence that may be relevant to the accused's case; and

  (b)   if the prosecutor reasonably believes information in the prosecutor's possession suggests the existence of evidence that may be relevant to the accused's case--a copy or details of so much of that information as is necessary to suggest that existence; and

  (c)   if the prosecutor reasonably believes any information, document or other thing not in the prosecutor's possession contains evidence that may be relevant to the accused's case--a statement to that effect identifying:

  (i)   the information, document or thing; and

  (ii)   a place where the prosecutor reasonably believes the information, document or thing to be.

Note 1:   Information and things do not need to be disclosed more than once (see section   23CK).

Note 2:   The order may specify the time within which the prosecutor must give these things to the accused (see section   23CD).