CHILD PROTECTION ACT 1999 - SECT 194 Publication of information identifying child victim

CHILD PROTECTION ACT 1999 - SECT 194

194 Publication of information identifying child victim

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

Penalty—

Maximum penalty—

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

(b) for a corporation—1,000 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

Note—

Also, see section 188A about the use of confidential information by police.

(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.