s.3Declaration permitting closed material applications in civil proceedings
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Section 3Part 0 —

Declaration permitting closed material applications in civil proceedings

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A court seised of relevant civil proceedings may make a declaration that the proceedings are proceedings in which a closed material application may be made to the court.
The court may make a declaration under subsection (1) on the application of —
the Attorney General whether or not the Attorney General is a party to the proceedings; or
any party to the proceedings,
or may make the declaration of its own motion.
The court may make the declaration under subsection (1) if it considers that the two conditions set out in subsections (4) and (5) are met.
The first condition referred to in subsection (3) is —
that a party to the proceedings would be required to disclose sensitive material in the course of the proceedings to another person (whether or not another party to the proceedings); or
that a party to the proceedings would be required to make such a disclosure were it not for one or more of the following —
the possibility of a claim for public interest immunity in relation to the material;
the fact that there would be no requirement to disclose if the party chose not to rely on the material;
the evidence may tend to disclose the contents of intercepted communications; or
an enactment that would prevent the party from disclosing the material but would not do so if the proceedings were proceedings in relation to which there was a declaration under this section.
The second condition referred to in subsection (3) is that it is in the interests of the fair and effective administration of justice to make a declaration.
The two conditions are met if the court considers that they are met in relation to any material that would be required to be disclosed in the course of the proceedings (and an application under subsection (2)(a) need not be based on all of the material that might meet the conditions or on all of the material that the applicant would be required to disclose).
The court shall not consider an application by the Attorney General under subsection (2)(a) unless it is satisfied that the Attorney General has, before making the application, considered whether to make, or advise another person to make, a claim for public interest immunity in relation to the material on which the application is based.
A declaration under this section shall identify a party to the proceedings who would be required to disclose the sensitive material (in this Act referred to as "a relevant person").
Rules of court shall —
provide for notification to the Attorney General by a party to relevant civil proceedings, or by the court concerned, of proceedings to which a declaration under this section may be relevant;
provide for a stay of relevant civil proceedings, whether on an application by a party to the proceedings or by the court concerned of its own motion, where a person is considering whether to apply for a declaration under this section;
provide for the Attorney General, if not a party to proceedings in relation to which there is a declaration under this section or proceedings for or about such a declaration, to be joined as a party to the proceedings;
require a person making an application under subsection (2), to give notice of the person's application to every other person entitled to make such an application in relation to the relevant civil proceedings; and
require the applicant to inform every other such person of the outcome of the application.
In this section, "closed material application" means an application of the kind mentioned in section 5(1)(a).

Defined Terms

closed material application

Cross References

Referenced By