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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 45 Publication of names and identifying information about children and other persons involved in proceedings

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 45

Publication of names and identifying information about children and other persons involved in proceedings

45 Publication of names and identifying information about children and other persons involved in proceedings

(1) The name of a person, being a child--
(a) for whose protection or against whom an apprehended violence order is sought in any apprehended violence order proceedings, or
(b) who appears, or is reasonably likely to appear, as a witness before a court in any apprehended violence order proceedings, or
(c) who is, or is reasonably likely to be, mentioned or otherwise involved in any apprehended violence order proceedings,
must not be published or broadcast before the proceedings are commenced or after the proceedings have been commenced and before they are disposed of.
(2) A court may direct that the name of a person (other than a child to whom subsection (1) applies)--
(a) for whose protection or against whom an apprehended violence order is sought in any apprehended violence order proceedings, or
(b) who appears, or is reasonably likely to appear, as a witness before a court in any apprehended violence order proceedings, or
(c) who is, or is reasonably likely to be, mentioned or otherwise involved in any apprehended violence order proceedings,
must not be published or broadcast before the proceedings are commenced or after the proceedings have been commenced and before they are disposed of.
(3) A person who publishes or broadcasts the name of a person in contravention of subsection (1) or in contravention of a direction under subsection (2) is guilty of an offence.
: Maximum penalty--Imprisonment for a period not exceeding 2 years, or 200 penalty units, or both (in the case of an individual) or 2,000 penalty units (in the case of a corporation).
(4) This section does not prohibit--
(a) the publication or broadcasting of an official report of the proceedings of a court that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section, or
(b) the publication or broadcasting of the name of a person with the consent of the person or of the court.
(5) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material--
(a) that identifies the person, or
(b) that is likely to lead to the identification of the person.
(6) The offence created by this section is an offence of strict liability.
(7) A court may vary or revoke a direction given by a court under this section. However, only the District Court may vary or revoke a direction given by the District Court.
(8) In this section--


"apprehended violence order proceedings" include proceedings under Part 13B for the variation or revocation of a recognised non-local DVO or for a declaration that a DVO is a recognised DVO.


"court" includes a Registrar.