George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Hansard source

by leave—I move opposition amendments (1) and (2) together:

(1)    Schedule 1, page 3 (after line 4), before item 1, insert:

1A Subsection 126A(1) (definition of protected confidence)

Omit “a journalist”, substitute “another person”.

1B Subsection 126A(1) (note to the definition of protected confidence)

Repeal the note, substitute:

Note:   Communications with journalists are covered by Division 1B.

(2)    Schedule 1, item 1, page 3 (lines 5 to 7), omit:

Division 1A of Part 3.10

Repeal the Division, substitute:

Division 1A—Journalists’ privilege

        substitute:

After Division 1A of Part 3.10

Insert:

Division 1B—Journalists’ privilege

The Commonwealth and New South Wales evidence acts have departed from uniformity in their treatment of professional confidential relationships. The Commonwealth act confines the definition of ‘protected confidence’ to ‘a communication made in confidence to a journalist’. The New South Wales act defines the same term as arising in the course of a relationship in which the confidant was acting in a professional capacity under an obligation not to disclose the confidence. The continued restriction of the privilege claim is anomalous. The coalition’s bill therefore adopts the formula of the New South Wales act. Not only would it restore uniformity but it would avoid arbitrarily confining the circumstances in which claims of privilege may be justifiably asserted and as well it brings this area of the law more closely in conformity with equity courts’ protection of confidential relationships. The amendments retain the existing subsection 126A and make the appropriate extensions.