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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Children (Criminal Proceedings)
Amendment (Publication of Names)
Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Children (Criminal Proceedings) Act 1987
No 55 2
4 Consequential amendment of Children and Young Persons
(Care and Protection) Act 1998 No 157 2
5 Repeal of Act 2
Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987 3
Schedule 2 Amendment of Children and Young Persons (Care and
Protection) Act 1998 6
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Children (Criminal Proceedings)
Amendment (Publication of Names)
Bill 2007
Act No , 2007
An Act to amend the Children (Criminal Proceedings) Act 1987 with respect to the
prohibition against the publication and broadcasting of names in connection with
criminal proceedings involving a child; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Children (Criminal Proceedings) Amendment (Publication of Names) Bill
Clause 1 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Children (Criminal Proceedings) Amendment
(Publication of Names) Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Children (Criminal Proceedings) Act 1987 No 55
The Children (Criminal Proceedings) Act 1987 is amended as set out in
Schedule 1.
4 Consequential amendment of Children and Young Persons (Care and
Protection) Act 1998 No 157
The Children and Young Persons (Care and Protection) Act 1998 is
amended as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Children (Criminal Proceedings) Amendment (Publication of Names) Bill
2007
Amendment of Children (Criminal Proceedings) Act 1987 Schedule 1
Schedule 1 Amendment of Children (Criminal
Proceedings) Act 1987
(Section 3)
[1] Section 3 Definitions
Insert "(except in section 11)" after "includes" in the definition of parent in
section 3 (1).
[2] Section 11 Publication and broadcasting of names
Insert at the end of section 11 (4) (c):
, or
(d) the publication or broadcasting of the name of a deceased
child with the consent of a senior available next of kin of
the child, but only if it appears to the senior available next
of kin, after making such inquiries as are reasonable in the
circumstances, that no other senior available next of kin
objects to the publication or broadcasting of the name.
[3] Section 11 (4F) and (4G)
Insert after section 11 (4E):
(4F) A senior available next of kin who is charged with, or is
convicted of, an offence to which the criminal proceedings
concerned relate cannot give consent, or object, to the publication
or broadcasting of the name of a deceased child as referred to in
subsection (4) (d).
(4G) In considering whether to give consent to the publication or
broadcasting of the name of a deceased child as referred to in
subsection (4) (d), a senior available next of kin must, if the
publication or broadcasting of the name of a brother or sister of
the deceased child is prohibited under subsection (1) (d):
(a) make such inquiries as are reasonable in the circumstances
to obtain the views of that brother or sister regarding the
publication or broadcasting of the name of the deceased
child, and
(b) take into account the impact of such a publication or
broadcasting on that brother or sister.
Page 3
Children (Criminal Proceedings) Amendment (Publication of Names) Bill
2007
Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987
[4] Section 11 (7)
Insert after section 11 (6):
(7) In this section, senior available next of kin of a deceased child
means:
(a) a parent of the child, or
(b) if the parents of the child are dead, cannot be found, or for
some other reason cannot exercise their parental
responsibilities to the child:
(i) a person who, immediately before the death of the
child, had parental responsibility (within the
meaning of the Children and Young Persons (Care
and Protection) Act 1998) for the child, or
(ii) in the case of a child who was in the care of the
Director-General of the Department of Community
Services immediately before his or her death--the
Director-General.
[5] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Children (Criminal Proceedings) Amendment (Publication of
Names) Act 2007
[6] Schedule 2, Part 13
Insert at the end of the Schedule:
Part 13 Children (Criminal Proceedings)
Amendment (Publication of Names) Act
2007
17 Publication and broadcasting of names
Section 11, as amended by the Children (Criminal Proceedings)
Amendment (Publication of Names) Act 2007, applies in relation
to proceedings whether commenced before or after the
commencement of that Act.
18 Publication and broadcasting of names previously published or
broadcast
Section 11 does not apply to the publication or broadcast of the
names of the following persons in connection with criminal
proceedings:
Page 4
Children (Criminal Proceedings) Amendment (Publication of Names) Bill
2007
Amendment of Children (Criminal Proceedings) Act 1987 Schedule 1
(a) the name of a person that had been published or broadcast
before 21 December 2001 (the date on which that section
was amended by the Criminal Legislation Amendment Act
2001), being a person who was not a child at the time of the
publication or broadcast,
(b) the name of a person that had been published or broadcast
before 24 March 2004 (the date on which that section was
amended by the Crimes Legislation Amendment Act 2004),
being a person who was deceased at the time of the
publication or broadcast.
Page 5
Children (Criminal Proceedings) Amendment (Publication of Names) Bill
2007
Schedule 2 Amendment of Children and Young Persons (Care and Protection) Act 1998
Schedule 2 Amendment of Children and Young
Persons (Care and Protection) Act 1998
(Section 4)
Section 105 Publication of names and identifying information
Insert after section 105 (5):
(6) This section does not apply in relation to criminal proceedings.
Note. See section 11 of the Children (Criminal Proceedings) Act 1987.
Page 6
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