Bills

Evidence (Protections for Journalists) Amendment Bill

Introduction and First Reading

The Hon. J.A. DARLEY (16:24): Obtained leave and introduced a bill for an act to amend the Evidence Act 1929. Read a first time.

Second Reading

The Hon. J.A. DARLEY (16:25): I move:

That this bill be now read a second time.

This bill is identical to the one I introduced in the last session of parliament. Its purpose is to enshrine in legislation the fundamental principle that journalists should not be compelled to reveal their sources and equally, if not more importantly, better promote the notion of the public's right to information. In doing so, it will bring South Australia into line with other jurisdictions that have recently implemented similar pieces of legislation.

South Australia is now one of only three jurisdictions that have yet to pass shield laws. In 2011, the commonwealth also enacted the Evidence Amendment (Journalists' Privilege) Act. Victoria, New South Wales, Western Australia, Tasmania and the ACT have all enacted legislation similar to the federal legislation. I am very pleased that in the closing weeks of last session of parliament the Liberal Party also indicated their support for this legislation through the introduction of a bill by the Hon. Stephen Wade. I understand that this bill was also the subject of some community consultation.

Members will recall that the bill introduced by the Hon. Stephen Wade on behalf of the Liberal Party differed to my bill in relation to two or three matters. Those differences included the definition of journalist, the requirement that there be some form of agreement between a journalist and their source that the information disclosed is to be treated as privileged, and lastly whether or not the jurisdiction of the bill ought to extend to the Independent Commission against Corruption.

Other than that, both bills were, and indeed are, very similar, certainly in so far as their intent. I am confident a reasonable compromise can be struck in relation to the variances between the two bills and I look forward to the Liberal Party's continued support on this very important issue. I will not speak too much further on the bill today, but I will refer honourable members to my contribution of 20 February 2013, when the bill was first introduced, which provided plenty of background information and case studies.

Again, for those members who are interested, there have also been several parliamentary inquiries into this issue both at the national level and in other jurisdictions. I would urge honourable members to take the time to read the reports of those inquiries, which provide very useful background information.

In closing, there is no question that South Australian laws with respect to this issue are wanting. As I said when I first introduced the bill in 2013, the bill provides South Australia with the opportunity to create a fairer balance between ensuring the administration of justice on the one hand and upholding the public's right to know without fear of incrimination for journalists on the other.

I am grateful for the support of Right to Know, Free TV Australia and other media organisations which have been pushing for these reforms and look forward to working with them further on this very important issue. With that, I look forward to hearing the views of other honourable members on this important issue.

Debate adjourned on motion of Hon. A.L. McLachlan.