South Australian Consolidated Acts South Australian Consolidated Acts14A—Restriction on publication of proceedings
(1) A person must not
publish, by radio, television, newspaper or in any other way—
(a) a
report of a proceeding, or part of a proceeding, under this Act that
identifies or could tend to identify—
(i)
a party to the proceeding; or
(ii)
a witness in the proceeding; or
(iii)
a person who is related to, or associated with, a party
to the proceedings or a witness in the proceeding, or is, or is alleged to be,
in any other way concerned in the matter to which the proceeding relates; or
(b) a
list of proceedings under this Act identified by reference to the names of the
parties to the proceedings.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) Subsection (1)
does not apply in relation to—
(a) the
communication, to persons concerned in proceedings in a court or tribunal
established under a law of the Commonwealth or a State or Territory, of any
pleading, transcript of evidence or other document for use in connection with
those proceedings; or
(b) the
communication of any pleading, transcript of evidence or other document
to—
(i)
a body that is responsible for disciplining members of
the legal profession; or
(ii)
a person concerned in disciplinary proceedings against a
member of the legal profession before such a body; or
(c) the
communication, to a body that grants legal aid, of any pleading, transcript of
evidence or other document for the purpose of facilitating the making of a
decision as to whether legal aid should be granted, continued or provided in a
particular case; or
(d) the
publishing of a report or notice in accordance with the direction of a court
or tribunal established under a law of the Commonwealth or a State or
Territory; or
(e) the
publishing, under the authority of a court hearing proceedings under this Act,
of a list of those proceedings identified by reference to the names of the
parties to the proceedings; or
(f) the
publishing of a report in a publication that—
(i)
is genuinely intended primarily for use by the members of
a profession; and
(ii)
is a separate volume or part of a series of law reports
or other publication of a technical nature; or
(g) the
publishing of a report—
(i)
to a person who is a member of a profession, in
connection with the practice by that person of that profession or in the
course of any form of professional training in which that person is involved;
or
(ii)
to an individual who is a party to any proceedings under
this Act, in connection with the conduct of those proceedings; or
(iii)
to a person who is a student, in connection with the
studies of that person.
(3) An offence against
this section is an indictable offence.
(4) Proceedings for an
offence against this section must not be commenced except by, or with the
written consent of, the Director of Public Prosecutions.