24 Even in the case of hearings in open Court, Sensitive Witnesses gave evidence in a way in which they could be seen and heard by each person who is an Authorised Person, a Sensitive Witness or a Sensitive Witness Representative who represents the Sensitive Witness giving evidence who is present in the courtroom as defined in the orders, but the Sensitive Witness may be heard, but not seen by any person who is not an Authorised Person, a Sensitive Witness or a Sensitive Witness Representative who represents the Sensitive Witness giving evidence. "Sensitive Witness" is defined as a special operations command member who a party proposes to call as a witness in the proceedings, or a person who the Commonwealth notifies the parties and the Court in writing is a Sensitive Witness. There was an exclusion clause in relation to Mr Andrew Hastie MP.
25 The closed Court arrangements applied in the case of Sensitive Documents as defined in the orders. A party representative or Commonwealth representative was prohibited by the orders from tendering or otherwise asking the Court to receive a Sensitive Document unless the Court was closed. There was also a prohibition on an Authorised Person communicating or causing or inviting a Sensitive Witness or any other person to communicate identifying information unless the Court is closed and a prohibition on a party representative or Commonwealth representative tendering or otherwise asking the Court to receive a document which contains identifying information unless the Court is closed. There are other prohibitions relating to communications of other national security information and tendering of documents containing national security information.
26 The effect of these orders made under the NSI Act is that Sensitive Documents were dealt with in closed Court. The effect of that, in turn, is that certain matters have been dealt with in closed Court submissions and now in closed Court reasons. I will be publishing closed Court reasons. I can indicate that those reasons address in some detail aspects of the closed Court evidence relevant to the missions to Whiskey 108, Darwan and Chinartu. There is a fairly short reference to the mission to Fasil. There are very short references to the bullying of Person 1, the alleged unlawful assaults on PUCs (persons under control or confinement) and the intimidation of witnesses, collusion and contamination of witnesses, concealment of relevant evidence and material and lies and the alleged separation of the applicant and Ms Roberts.
27 I turn now to the dispute between the parties concerning the imputations conveyed or communicated by the articles.
