South Australian Consolidated Acts South Australian Consolidated Acts (1) A person must not
publish, by radio, television, newspaper or in any other way, a report of any
action or proceeding taken against a youth by a police officer or family
conference under this Part if the report—
(a)
identifies the youth or contains information tending to identify the youth; or
(b)
reveals the name, address or school, or includes any particulars, picture or
film that may lead to the identification, of any youth who is in any way
concerned in the action or proceeding; or
(c)
identifies the victim or any other person involved in the action or proceeding
(other than a person involved in an official capacity) without the consent of
that person.
(1a) However, a person
who proposes to make a documentary or undertake an educational or research
project about juvenile justice matters may, in accordance with rules of court,
apply to the Youth Court for permission to publish, for the purposes of the
documentary or project, a report identifying a youth that would otherwise be
suppressed from publication under this section.
(1b) An application
under subsection (1a) must be endorsed with the written consent of the
youth and a guardian of the youth ("the consenting guardian ) to publication
of the report.
(1c) Subject to
subsection (1d), the Court must give the following persons reasonable
notice of the time and place of the hearing of the application:
(a) the
applicant; and
(b) the
youth; and
(c) the
guardians of the youth; and
(d) such
other persons as the Court believes have a proper interest in the matter.
(1d) The Court is not
obliged to give notice of the hearing to a person whose whereabouts cannot,
after reasonable enquiries, be ascertained.
(1e) In determining an
application under subsection (1a), the Court must regard the welfare of
the youth as the paramount consideration and, to that end, must take into
account—
(a) the
impact on the youth of publication of the report; and
(b) the
purpose to be served by publication of the report; and
(c)
whether publication of the report is necessary for the purpose of the
documentary or project; and
(d)
considerations of public interest; and
(e) any
other matter that is, in the Court's view, relevant.
(1f) On completing the
hearing of the application the Court may make any of the following orders:
(a) an
order permitting publication of the report as part of the documentary or
project subject to—
(i)
a condition that the youth and the consenting guardian
are to be given a reasonable opportunity to view the documentary or project
after its completion but before its release to the public; and
(ii)
a condition that, if the documentary or project is so
viewed, it must not be released to the public until at least 30 days after the
viewing; and
(iii)
such other conditions (if any) as the Court thinks fit;
or
(b) an
order refusing the application; or
(c) any
ancillary order it thinks fit (including an order as to costs).
(1g) The youth or
consenting guardian may, at any time before the release to the public of a
documentary or project the subject of an order under subsection (1f)(a),
apply to the Court for revocation or variation of the order on the ground that
the report included or to be included in the documentary or project of the
proceedings under this Part—
(a) is
not a fair report of the proceedings; or
(b)
includes material not in the contemplation of the Court at the time the order
was made,
and that the release to the public of the documentary or project while it
contains that report would prejudice the welfare of the youth.
(1h) If an application
for revocation or variation is made under subsection (1g), the
documentary or project must not, while it contains the report to which the
application relates, be released to the public until the application has been
determined or withdrawn.
(1i) The Court must
give the following persons reasonable notice of the time and place of the
hearing of an application under subsection (1g):
(a) the
youth; and
(b) the
consenting guardian; and
(c) the
person who was the applicant for the order sought to be revoked or varied.
(1j) On completing the
hearing of an application under subsection (1g), the Court may make any
of the following orders:
(a) an
order revoking the order the subject of the application; or
(b) an
order varying or revoking any condition of the order or imposing a new
condition; or
(c) an
order refusing the application; or
(d) any
ancillary order it thinks fit (including an order as to costs).
(2) A person employed
or engaged in the administration of this Act must not divulge information
about a youth against whom any action or proceeding has been taken under this
Part except in the course of his or her official functions or where the
information is given to a person for the purposes of a publication the subject
of an order under subsection (1f)(a).
(3) A person who
contravenes this section or a condition of publication imposed under
subsection (1f) or (1j) is guilty of an offence.
Maximum penalty: $10 000.
(4) This section does
not prevent the disclosure of information under any other provision of this
Act.
(5) For the purposes
of this section, a documentary or project is released to the public when it is
released for viewing by persons other than those involved in the making or
undertaking of it.