• Specific Year
    Any

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 111 Prohibition of publication of evidence etc

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 111

Prohibition of publication of evidence etc

    (1)     This section applies if a court considers that—

        (a)     the publication of evidence given, or intended to be given, in a proceeding is likely to prejudice the administration of justice; or

        (b)     in the interests of the administration of justice the names of any of the following people should not be published:

              (i)     a party to the proceeding;

              (ii)     a witness, or intended witness, in the proceeding.

    (2)     The court may, at any time during or after the hearing of the proceeding, make an order forbidding the publication of—

        (a)     the evidence or a stated part of the evidence; or

        (b)     a report of the evidence; or

        (c)     the name of the party or witness.

    (3)     The court may make an order under subsection (2) (a) or (b) subject to any stated condition or for any period the court considers appropriate.

    (4)     If a court makes an order under subsection (2), the court may, if it considers it appropriate, direct that stated people, or everyone except stated people, remain outside the courtroom for a stated period.

    (5)     For this section, the publication of a reference or allusion to a person is taken to be a publication of the person's name if—

        (a)     the reference or allusion discloses the person's identity; or

        (b)     the person's identity might reasonably be worked out from the reference or allusion.