Checklist · Defamation & Media Law
Journalist and informant identity record
A working record of a promise not to disclose an informant's identity, using the definitions and the compellability rule in the Evidence Act 1995 (Cth) sections 126J and 126K.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when assessing a journalist's claim to protect a source's identity in a proceeding to which the Evidence Act 1995 (Cth) applies. It records the promise and the facts. It does not decide the claim.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may record the promise and the facts the principal supplies against the definitions in section 126J, and must not decide whether the person is a journalist or whether the public interest outweighs.
AI may
- Enter the names the principal supplies for the person said to be a journalist and the person said to be an informant
- Record the words of the promise from a document the principal marks
- List the proceeding and the question or document that would disclose the identity
AI must not
- Must not decide that a person is a journalist or an informant
- Must not decide that a promise was made, or that subsection 126K(1) applies
- Must not decide that the public interest in disclosure outweighs the matters in subsection 126K(2)
- Must not draft an affidavit or a refusal-to-answer script
The lawyer checks
- The proceeding is one to which the Evidence Act 1995 (Cth) applies
- State evidence legislation was not opened and is not used in this record
- The principal decides whether to make, or to resist, an application under subsection 126K(2)
- No answer about identity is given from this record
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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