YOUTH JUSTICE ACT 2005 - SECT 50 Restriction of publication
YOUTH JUSTICE ACT 2005 - SECT 50
Restriction of publication(1) Subject to this section, a person who publishes a report of, or information relating to, proceedings in the Court or proceedings in any other court arising out of proceedings in the Court that contains any particulars likely to lead to the identification of the following is guilty of an offence:
(a) the particular venue of the Court in which the proceeding was heard;
(b) the youth or other party to the proceeding;
(c) a witness in the proceeding.
Maximum penalty: 200 penalty units or imprisonment for 12 months.
(2) Subsection (1) does not apply if:
(a) a police officer, under an arrangement for the exchange of such information, sends to the Police Force of a State or another Territory information relating to the conviction of a youth for an offence; or
(b) a person publishes a report or information containing particulars of the youth who is the subject of the proceedings with the consent of the youth; or
(c) a person publishes a report or information:
(i) containing particulars likely to lead to the identification of a witness in the proceeding who is a complainant as defined in section 3 of the Sexual Offences (Evidence and Procedure) Act 1983 and who consents to the publication in accordance with section 6(2)(b) of that Act; and
(ii) that does not contain particulars likely to lead to the identification of the youth who is the subject of the proceeding and who has not consented to the publication; and
(iii) that does not contain particulars likely to lead to the identification of another witness in the proceeding who is a complainant as defined in section 3 of the Sexual Offences (Evidence and Procedure) Act 1983 and who has not consented to the publication in accordance with section 6(2)(b) of that Act.
(2A) For proceedings for a sexual offence in which the youth is a defendant, the youth may not give consent under subsection (2)(b) to publish a report or information containing particulars of the youth until the youth has turned 18 years of age.
(3) A person may apply to the Court for permission to publish the report or information.
(4) The Court may grant permission for the publication if the Court is satisfied that:
(a) the circumstances giving rise to the application are an emergency; and
(b) publication is reasonably necessary for the safety of:
(i) the youth or a witness in the proceedings; or
(ii) any other person in the community.
(5) Subject to subsection (6), the CEO may grant permission for the publication of any particular of a detainee who has escaped from a detention centre if the CEO is satisfied that publication:
(a) is reasonably necessary for the safety of the detainee or for any other person; or
(b) will assist in apprehending the detainee or protecting the community.
(6) In making a determination under subsection (5), the CEO must:
(a) have regard to the desirability of minimising the stigma to the detainee and the detainee's family; and
(b) grant permission for publication only to the extent necessary to apprehend the detainee.
(7) In this section:
particulars likely to lead to the identification , in relation to a person, include the following particulars:
(a) the name of the person;
(b) the names of:
(i) any relative of the person; or
(ii) any other person having the care of the person; or
(iii) in addition to subparagraphs (i) and (ii), in the case of an Aboriginal person – a member of the person's community;
(c) the name or address of any place of residence of the person, or the locality in which the residence is situated;
(d) the name or address of any place of education, training or employment attended by the person, or the locality in which the place is situated.
"sexual offence", see section 3 of the Sexual Offences (Evidence and Procedure) Act 1983 .