Victorian Current Acts

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Disclosure of address or telephone number of witness

(1) A witness whose address or telephone number was not disclosed in material provided to the accused under Part 4.4 must not disclose that information to the Magistrates' Court unless the court permits the disclosure in accordance with subsection (2) on application by the informant or the accused.

    (2)     The Magistrates' Court may only grant an application under subsection (1) if the court is satisfied that—

        (a)     the address or telephone number is relevant to the offence charged; and

        (b)     one of the following applies—

              (i)     disclosure is not likely to present a reasonably ascertainable risk to the welfare or physical safety of any person; or

              (ii)     having regard to the matters referred to in subsection (3), the interests of justice outweigh any risk referred to in subparagraph (i).

    (3)     For the purposes of subsection (2)(b)(ii), the Magistrates' Court must have regard to—

        (a)     the right to privacy of the witness; and

        (b)     the right of the accused to prepare properly for the hearing.

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