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

Assess a journalist’s claim to protect the identity of a source

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.

Authorities

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