MENTAL HEALTH ACT 2016 - SECT 790 Publication of report of other proceedings

MENTAL HEALTH ACT 2016 - SECT 790

790 Publication of report of other proceedings

(1) A person must not publish a report of a proceeding of—

(a) the tribunal; or

(b) the Mental Health Court relating to an appeal against a decision of the tribunal; or

(c) the Mental Health Court relating to a review under section 673 .

Penalty—

Maximum penalty—200 penalty units or 2 years imprisonment.

(2) However, a person does not commit an offence against subsection (1) if the person publishes the report with the leave of the tribunal or the Mental Health Court.

(3) The tribunal or the Mental Health Court may grant leave to publish the report only if it is satisfied—

(a) publication of the report is in the public interest; and

(b) the report does not contain information that identifies, or is likely to identify—

(i) the person the subject of the proceeding; or

(ii) a person who appears as a witness before the tribunal or court in the proceeding; or

(iii) a person mentioned or otherwise involved in the proceeding.