8.174  Although it will never be justified to hold an unfair trial, specific fair trial rights are not absolute and may sometimes be qualified, for example to protect vulnerable witnesses and national security information. The structured proportionality test is a useful tool to test whether laws that limit fair trial rights are justified.

8.175  Laws that alter fair trial procedures for national security reasons were criticised in some submissions and clearly warrant ongoing and careful scrutiny, including by relevant parliamentary committees and the INSLM.

8.176  Client legal privilege and the privilege for religious confessions in the Uniform Evidence Acts may unjustifiably limit the right of a defendant in a criminal trial to adduce evidence in their defence and should therefore be reviewed.