69 Overriding discretion as to confidential information

(1)

A direction under this section is a direction that any 1 or more of the following not be disclosed in a proceeding:

(a)

a confidential communication:

(b)

any confidential information:

(c)

any information that would or might reveal a confidential source of information.

(2)

A Judge may give a direction under this section if the Judge considers that the public interest in the disclosure in the proceeding of the communication or information is outweighed by the public interest in—

(a)

preventing harm to a person by whom, about whom, or on whose behalf the confidential information was obtained, recorded, or prepared or to whom it was communicated; or

(b)

preventing harm to—

(i)

the particular relationship in the course of which the confidential communication or confidential information was made, obtained, recorded, or prepared; or

(ii)

relationships that are of the same kind as, or of a kind similar to, the relationship referred to in subparagraph (i); or

(c)

maintaining activities that contribute to or rely on the free flow of information.

(3)

When considering whether to give a direction under this section, the Judge must have regard to—

(a)

the likely extent of harm that may result from the disclosure of the communication or information; and

(b)

the nature of the communication or information and its likely importance in the proceeding; and

(c)

the nature of the proceeding; and

(d)

the availability or possible availability of other means of obtaining evidence of the communication or information; and

(e)

the availability of means of preventing or restricting public disclosure of the evidence if the evidence is given; and

(f)

the sensitivity of the evidence, having regard to—

(i)

the time that has elapsed since the communication was made or the information was compiled or prepared; and

(ii)

the extent to which the information has already been disclosed to other persons; and

(g)

society’s interest in protecting the privacy of victims of offences and, in particular, victims of sexual offences.

(4)

The Judge may, in addition to the matters stated in subsection (3), have regard to any other matters that the Judge considers relevant.

(5)

A Judge may give a direction under this section that a communication or information not be disclosed whether or not the communication or information is privileged by another provision of this subpart or would, except for a limitation or restriction imposed by this subpart, be privileged.