Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:3_28
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 3 cl 28
Character Range: 134231–135926

28  Identity of participant not to be disclosed in court proceedings etc.

 (1) This section applies if one of more of the following matters is in issue, or may be disclosed, in any proceedings before a court, a tribunal, or a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry:
 (a) the original identity or a former NWPP identity of:
 (i) a Commonwealth participant; or
 (ii) a State participant; or
 (iii) a Territory participant;
 (b) the fact that a person is such a participant;
 (c) the fact that a person has undergone or is undergoing assessment for inclusion in the NWPP as such a participant.

 (2) The court, tribunal or commission:
 (a) must, unless it considers that it is not in the interests of justice to do so, hold in private that part of the proceedings that relates to the matter referred to in paragraph (1)(a), (b) or (c); and
 (b) must make such orders relating to the suppression of publication of evidence given before it as, in its opinion, will ensure that the matter referred to in paragraph (1)(a), (b) or (c) is not made public; and
 (c) must, unless it considers that it is not in the interests of justice to do so, make such other orders as it considers appropriate to ensure that neither of the following is made public:
 (i) the matter referred to in paragraph (1)(a), (b) or (c);
 (ii) information that may compromise the security of a person referred to in any of those paragraphs.

 (3) To avoid doubt, paragraph (2)(b) does not prevent the taking of a transcript of court proceedings, but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication.