Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 194

(1) A person must not publish identifying information about a relevant person.

Maximum penalty—

(a) for an individual—100 penalty units or 2 years imprisonment; or

(b) for a corporation—1000 penalty units.

(2) Subsection (1) does not apply to a publication if—

(a) the publication is made by the relevant person; or

(b) the relevant person is an adult and he or she gives consent to the publication after being told—

(i) the information to be published; and

(ii) to whom it is to be published; and

(iii) the reason for the publication; or

(c) the publication is—

(i) a record of evidence of the proceeding made under the Recording of Evidence Act 1962; or

(ii) a report made for the department or Queensland Police Service; or

(iii) a report mentioned in the Criminal Law (Sexual Offences) Act 1978, section 8(1); or

(d) the publication is—

(i) for the purpose of an investigation into a complaint made by or on behalf of the relevant person about a relevant offence; and

(ii) made by—

(A) the police commissioner or, if the investigation is carried out by a public sector unit other than the police service, the chief executive of the public sector unit; or

(B) a person authorised to make the publication by a person mentioned in sub-subparagraph (A); or

(e) the publication is made for the purpose of preparing for or conducting any of the following in relation to a relevant offence—

(i) an examination of witnesses;

(ii) a trial;

(iii) a proceeding on appeal arising from a trial; or

Example for paragraph (e)—

publication for the purpose of issuing a summons or subpoena in the preparation of a defence for a relevant offence

(f) the publication is permitted by a direction under section 194A or 194B.

(3) A purpose mentioned in subsection (2)(e) does not include a purpose for which publication may be permitted by a direction under section 194A or 194B.

(4) In this section—

identifying information, about a relevant person—

(a) means information that identifies, or is likely to lead to the identification of, him or her as a relevant person; and

(b) includes—

(i) the person's name, address, school or place of employment; and

(ii) a photograph or film of the person or of someone else that is likely to lead to the relevant person's identification.

relevant offence, in relation to a relevant person, means an offence committed or alleged to have been committed in relation to the relevant person.

relevant person means a person who is or was a child in relation to whom an offence was committed or is alleged to have been committed.