FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 169B Exception to restriction on publication by or with consent of adult victim
FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 169B
Exception to restriction on publication by or with consent of adult victimS. 169B(1) amended by No. 53/2016 s. 68.
(1) Section 166(2) does not apply to the publication in accordance with this section and in the prescribed circumstances of permitted content in a report relating to a family violence safety notice or family violence intervention order or recognised DVO by—
(a) an adult victim who is or was protected by the notice or order; or
(b) a person who has the consent in writing or recorded form of an adult victim protected by the notice or order to the publication.
S. 169B(2) amended by No. 53/2016 s. 68.
(2) An adult victim cannot consent to the identification of any other person protected by the family violence safety notice or family violence intervention order or recognised DVO or as being involved in a proceeding relating to the notice or order.
(3) An adult victim may withdraw the consent to the publication of a report at any time before publication of the report.
(4) A person is not permitted to publish a report on the basis of the consent of an adult victim after the consent is withdrawn unless the person did not have a reasonable opportunity to prevent publication after the consent was withdrawn.
(5) The prescribed circumstances in which a report can be published are as follows—
S. 169B(5)(a) amended by No. 53/2016 s. 68.
(a) a family violence safety notice or family violence intervention order or recognised DVO is or was in place that—
(i) protects or protected the adult victim; and
(ii) applies or applied to a person who has been charged with or convicted or found guilty of a relevant offence; and
(b) in relation to the charge for a relevant offence, the charge was still pending at the time of publication; and
(c) in relation to a conviction or finding of guilt for a relevant offence, the conviction or finding had not been set aside or quashed at the time of publication.
S. 169C inserted by No. 77/2014 s. 20, amended by No. 53/2016 s. 69.