Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Act 2024 (114 of 2024)

Schedule 1   Amendments

Crimes Act 1914

55   Subsection 15YR(2)

Repeal the subsection, substitute:

(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

(iii) at the time the consent was given - the vulnerable person had the decision-making capacity to give such consent; or

(e) for a vulnerable person who is a child:

(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

(iii) a person prescribed by the regulations; and

(c) include the following details:

(i) the name, qualification and business address of the practitioner;

(ii) the nature and duration of the professional relationship between the practitioner and the vulnerable person; and

(d) state that the practitioner is of the opinion that the vulnerable person understands:

(i) what it means to be identified as a vulnerable person of that kind; and

(ii) the consequences of losing anonymity.