Crimes Act 1914
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Hide history noteA person commits an offence if: (a) the person publishes any matter; and (b) the person does not have the leave of the court to publish the matter; and (c) the matter identifies, or is likely to lead to the identification of, another person (the vulnerable person ) as:
(i) a child witness or child complainant in a child proceeding; or
(ii) a vulnerable adult complainant in a vulnerable adult proceeding; or
(d) the vulnerable person is not a defendant in the proceeding.
(iii) in the case of a special witness in a special witness proceeding for whom an order under subsection 15YAB(3) is in force for this subparagraph - a special witness in a special witness proceeding; and
(1A)
(Repealed by No 114 of 2024)
(2)
Subsection (1) does not apply if: (a) the publication is in an official publication in the course of, and for the purpose of, the proceeding; or (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a proceeding within the meaning of this Part); or (c) the vulnerable person is deceased; or (d) for a vulnerable person who is an adult:
(i) the vulnerable person has given informed consent to the publication in accordance with subsection (2A) ; and
(ii) the publication is in accordance with the limits, if any, set by the vulnerable person; and
(e) for a vulnerable person who is a child:
(iii) at the time the consent was given - the vulnerable person had the decision-making capacity to give such consent; or
(i) the vulnerable person has given informed consent for the publication; and
(ii) the publication is in accordance with the limits, if any, set by the vulnerable person; and
(iii) the consent was accompanied by a supporting statement in accordance with subsection (2B) .
Note:
A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(2A)
A vulnerable person gives informed consent to a publication in accordance with this subsection if, at the time the person gives the consent, the person: (a) understands the options available to the person (including that the person is not required to give the consent); and (b) understands the consequences of giving the consent.
(2B)
A supporting statement must: (a) be in writing; and (b) be made by a person (the practitioner ) who is:
(i) a medical practitioner; or
(ii) a person registered or licensed as a psychologist under a law of a State or Territory that provides for the registration or licensing of psychologists; or
(c) include the following details:
(iii) a person prescribed by the regulations; and
(i) the name, qualification and business address of the practitioner;
(d) state that the practitioner is of the opinion that the vulnerable person understands:
(ii) the nature and duration of the professional relationship between the practitioner and the vulnerable person; and
(i) what it means to be identified as a vulnerable person of that kind; and
(ii) the consequences of losing anonymity.
(3)
The court may give leave to a person to publish the matter.
(4)
In deciding whether to give leave, the court is to have regard to: (a) any trauma to the vulnerable person that the publication could cause; and (b) any damage to the reputation of the vulnerable person that the publication could cause; and (c) whether the publication is:
(i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or
(d) any trauma to, or damage to the reputation of, another vulnerable person (other than the defendant) in relation to the proceeding; and (e) any other matter that the court thinks is relevant.
(ii) for genuine research purposes; and
(5)
For the purpose of giving leave after the proceeding has been completed, the court need not be constituted by the same judicial officers who constituted the court in the proceeding.
(6)
An application for leave under this section must be in writing.
(7)
A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following: (a) the prosecutor in the proceeding; (b) each defendant in the proceeding; (c) each vulnerable person in relation to the proceeding.
(8)
If a party referred to in paragraph (7)(c) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the party.
(9)
A notice under subsection (7) must: (a) be given no later than 3 business days before the day the application is to be heard; and (b) be accompanied by a copy of the application.
(10)
An application for leave under this section must not be determined unless the court: (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7) , (8) and (9) ; and (b) has considered such submissions and other evidence as it thinks necessary for determining the application.
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