sec.193Restrictions on reporting certain court proceedings

### sec.193 Restrictions on reporting certain court proceedings If a child is, or is reasonably likely to be, a witness in a proceeding before a court or justice for an offence of a sexual nature or an offence of a violent nature, a person must not, in a report of the proceeding or a related proceeding, knowingly disclose identifying information about the child unless a court or justice orders that the person may disclose the information. If a child is, or is reasonably likely to be, a witness in a proceeding before a court or justice for an offence other than an offence of a sexual nature or an offence of a violent nature, the court or justice may order that a report of the proceeding or a related proceeding must not disclose identifying information about the child other than information stated in the order. A report of a proceeding for an offence of a sexual nature to which subsection (1) relates, or a related proceeding, must not disclose the name of an authorised officer or police officer involved in the proceeding unless the court or justice orders the officer’s name to be included in the report. A court or justice may order that a report of any of the following proceedings must not disclose the name of an authorised officer or police officer involved in the proceeding— a proceeding for an offence of a violent nature to which subsection (1) relates; a proceeding to which subsection (2) relates; a related proceeding for a proceeding mentioned in paragraph (a) or (b) . For subsection (1) , a person knowingly discloses identifying information about the child in a report of the proceeding if, when the person discloses the identifying information about the child, the person knows, or ought reasonably to know, that the child is, or is likely to be, a witness in the proceeding. A person who makes or publishes a report of a proceeding in contravention of subsection (1) , (2) or (3) commits an offence, unless the person has a reasonable excuse. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units. However, subsections (1) , (2) and (3) do not apply to— a record of evidence of the proceeding made under the Recording of Evidence Act 1962 ; or a report made for the department or Queensland Police Service; or a report mentioned in the Criminal Law (Sexual Offences) Act 1978 , section 8 (1) . A court or justice may make an order under subsection (1) , (3) or (3A) — on its own initiative; or on application of a person. In this section— film includes a slide, videotape, videodisc or other form of recording from which a visual image can be produced. identifying information , about a child— means information that identifies, or is likely to lead to the identification of, him or her as a witness in a proceeding for an offence or a person in relation to whom an offence was committed or is alleged to have been committed; and includes— the child’s name, age, address, school or place of employment; and a photograph or film of the child or of someone else that is likely to lead to the child’s identification. offence of a sexual nature means an offence defined in the Criminal Code , chapter 22 , 22A or 32 . offence of a violent nature means an offence against any of the following provisions of the Criminal Code — a provision of chapter 28 or 28A ; a provision of chapter 29 , other than section 317A , 318 , 319 , 321 , 321A , 327 , 329 , 330 , 333 or 334 ; section 335 , 339 , 340 , 354 , 354A or 355 ; a provision of chapter 33A ; section 363 , 363A or 364 . related proceeding , for a proceeding on a charge of an offence, includes the following proceedings related to the charge of the offence, whether or not the child is, or is likely to be, a witness in the related proceeding— a bail proceeding; a committal proceeding. report , of a proceeding, includes a report of part of the proceeding. s 193 amd 2009 No. 34 s 6 ; 2017 No. 44 s 74 (sec.193-ssec.1) If a child is, or is reasonably likely to be, a witness in a proceeding before a court or justice for an offence of a sexual nature or an offence of a violent nature, a person must not, in a report of the proceeding or a related proceeding, knowingly disclose identifying information about the child unless a court or justice orders that the person may disclose the information. (sec.193-ssec.2) If a child is, or is reasonably likely to be, a witness in a proceeding before a court or justice for an offence other than an offence of a sexual nature or an offence of a violent nature, the court or justice may order that a report of the proceeding or a related proceeding must not disclose identifying information about the child other than information stated in the order. (sec.193-ssec.3) A report of a proceeding for an offence of a sexual nature to which subsection (1) relates, or a related proceeding, must not disclose the name of an authorised officer or police officer involved in the proceeding unless the court or justice orders the officer’s name to be included in the report. (sec.193-ssec.3A) A court or justice may order that a report of any of the following proceedings must not disclose the name of an authorised officer or police officer involved in the proceeding— a proceeding for an offence of a violent nature to which subsection (1) relates; a proceeding to which subsection (2) relates; a related proceeding for a proceeding mentioned in paragraph (a) or (b) . (sec.193-ssec.3B) For subsection (1) , a person knowingly discloses identifying information about the child in a report of the proceeding if, when the person discloses the identifying information about the child, the person knows, or ought reasonably to know, that the child is, or is likely to be, a witness in the proceeding. (sec.193-ssec.4) A person who makes or publishes a report of a proceeding in contravention of subsection (1) , (2) or (3) commits an offence, unless the person has a reasonable excuse. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units. (sec.193-ssec.5) However, subsections (1) , (2) and (3) do not apply to— a record of evidence of the proceeding made under the Recording of Evidence Act 1962 ; or a report made for the department or Queensland Police Service; or a report mentioned in the Criminal Law (Sexual Offences) Act 1978 , section 8 (1) . (sec.193-ssec.5A) A court or justice may make an order under subsection (1) , (3) or (3A) — on its own initiative; or on application of a person. (sec.193-ssec.6) In this section— film includes a slide, videotape, videodisc or other form of recording from which a visual image can be produced. identifying information , about a child— means information that identifies, or is likely to lead to the identification of, him or her as a witness in a proceeding for an offence or a person in relation to whom an offence was committed or is alleged to have been committed; and includes— the child’s name, age, address, school or place of employment; and a photograph or film of the child or of someone else that is likely to lead to the child’s identification. offence of a sexual nature means an offence defined in the Criminal Code , chapter 22 , 22A or 32 . offence of a violent nature means an offence against any of the following provisions of the Criminal Code — a provision of chapter 28 or 28A ; a provision of chapter 29 , other than section 317A , 318 , 319 , 321 , 321A , 327 , 329 , 330 , 333 or 334 ; section 335 , 339 , 340 , 354 , 354A or 355 ; a provision of chapter 33A ; section 363 , 363A or 364 . related proceeding , for a proceeding on a charge of an offence, includes the following proceedings related to the charge of the offence, whether or not the child is, or is likely to be, a witness in the related proceeding— a bail proceeding; a committal proceeding. report , of a proceeding, includes a report of part of the proceeding. - (a) a proceeding for an offence of a violent nature to which subsection (1) relates; - (b) a proceeding to which subsection (2) relates; - (c) a related proceeding for a proceeding mentioned in paragraph (a) or (b) . - (a) for an individual—100 penalty units or 2 years imprisonment; or - (b) for a corporation—1,000 penalty units. - (a) a record of evidence of the proceeding made under the Recording of Evidence Act 1962 ; or - (b) a report made for the department or Queensland Police Service; or - (c) a report mentioned in the Criminal Law (Sexual Offences) Act 1978 , section 8 (1) . - (a) on its own initiative; or - (b) on application of a person. - (a) means information that identifies, or is likely to lead to the identification of, him or her as a witness in a proceeding for an offence or a person in relation to whom an offence was committed or is alleged to have been committed; and - (b) includes— (i) the child’s name, age, address, school or place of employment; and (ii) a photograph or film of the child or of someone else that is likely to lead to the child’s identification. - (i) the child’s name, age, address, school or place of employment; and - (ii) a photograph or film of the child or of someone else that is likely to lead to the child’s identification. - (i) the child’s name, age, address, school or place of employment; and - (ii) a photograph or film of the child or of someone else that is likely to lead to the child’s identification. - (a) a provision of chapter 28 or 28A ; - (b) a provision of chapter 29 , other than section 317A , 318 , 319 , 321 , 321A , 327 , 329 , 330 , 333 or 334 ; - (c) section 335 , 339 , 340 , 354 , 354A or 355 ; - (d) a provision of chapter 33A ; - (e) section 363 , 363A or 364 . - (a) a bail proceeding; - (b) a committal proceeding.