Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:9_110zff
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 9 cl 110ZFF
Character Range: 490868–492524

110ZFF  Consultation in relation to certain private hearing evidence
 (1) If a witness gives evidence at a private hearing because of subsection 110ZFE(2) (disclosure of operationally sensitive information), the Defence and Veterans' Services Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:
 (a) consult any law enforcement or security agency to which the evidence relates and consider any information received from the agency following the consultation; and
 (b) consider any potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004); and
 (c) consider the safety and security of any person.
 (2) If a witness gives evidence at a private hearing because of subsection 110ZFE(1) or (2) (disclosure of personal or operationally sensitive information), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:
 (a) consider consulting the witness, and any other person whose interests are affected by the evidence; and
 (b) consider any potential risk of prejudice to a person if the person is not consulted before using or disclosing information given at, or in relation to, a private hearing; and
 (c) consider any preference the witness communicates (whether before, during or after a private hearing) to the Commissioner in relation to consultation.
 (3) The rules may make provision for or in relation to the disclosure or use of evidence given at a private hearing by a witness because of subsection 110ZFE(4).