sec.194Publication of information identifying child victim

### sec.194 Publication of information identifying child victim A person must not publish identifying information about a relevant person. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units. Subsection (1) does not apply to a publication if— the publication is made by the relevant person; or the relevant person is an adult and he or she gives consent to the publication after being told— the information to be published; and to whom it is to be published; and the reason for the publication; or the publication is— 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) ; or the publication is— for the purpose of an investigation into a complaint made by or on behalf of the relevant person about a relevant offence; and made by— the police commissioner or, if the investigation is carried out by a public sector unit other than the police service, the chief executive of the public sector unit; or a person authorised to make the publication by a person mentioned in sub-subparagraph (A); or Also, see section 188A about the use of confidential information by police. the publication is made for the purpose of preparing for or conducting any of the following in relation to a relevant offence— an examination of witnesses; a trial; a proceeding on appeal arising from a trial; or publication for the purpose of issuing a summons or subpoena in the preparation of a defence for a relevant offence the publication is permitted by a direction under section 194A or 194B . A purpose mentioned in subsection (2) (e) does not include a purpose for which publication may be permitted by a direction under section 194A or 194B . In this section— identifying information , about a relevant person— means information that identifies, or is likely to lead to the identification of, him or her as a relevant person; and includes— the person’s name, address, school or place of employment; and a photograph or film of the person or of someone else that is likely to lead to the relevant person’s identification. relevant offence , in relation to a relevant person, means an offence committed or alleged to have been committed in relation to the relevant person. relevant person means a person who is or was a child in relation to whom an offence was committed or is alleged to have been committed. s 194 prev s 194 sub 2004 No. 13 s 15 amd 2005 No. 10 s 50 sch om 2004 No. 36 s 30 pres s 194 ins 2009 No. 34 s 7 amd 2017 No. 44 s 75 (sec.194-ssec.1) A person must not publish identifying information about a relevant person. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units. (sec.194-ssec.2) Subsection (1) does not apply to a publication if— the publication is made by the relevant person; or the relevant person is an adult and he or she gives consent to the publication after being told— the information to be published; and to whom it is to be published; and the reason for the publication; or the publication is— 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) ; or the publication is— for the purpose of an investigation into a complaint made by or on behalf of the relevant person about a relevant offence; and made by— the police commissioner or, if the investigation is carried out by a public sector unit other than the police service, the chief executive of the public sector unit; or a person authorised to make the publication by a person mentioned in sub-subparagraph (A); or Also, see section 188A about the use of confidential information by police. the publication is made for the purpose of preparing for or conducting any of the following in relation to a relevant offence— an examination of witnesses; a trial; a proceeding on appeal arising from a trial; or publication for the purpose of issuing a summons or subpoena in the preparation of a defence for a relevant offence the publication is permitted by a direction under section 194A or 194B . (sec.194-ssec.3) A purpose mentioned in subsection (2) (e) does not include a purpose for which publication may be permitted by a direction under section 194A or 194B . (sec.194-ssec.4) In this section— identifying information , about a relevant person— means information that identifies, or is likely to lead to the identification of, him or her as a relevant person; and includes— the person’s name, address, school or place of employment; and a photograph or film of the person or of someone else that is likely to lead to the relevant person’s identification. relevant offence , in relation to a relevant person, means an offence committed or alleged to have been committed in relation to the relevant person. relevant person means a person who is or was a child in relation to whom an offence was committed or is alleged to have been committed. - (a) for an individual—100 penalty units or 2 years imprisonment; or - (b) for a corporation—1,000 penalty units. - (a) the publication is made by the relevant person; or - (b) the relevant person is an adult and he or she gives consent to the publication after being told— (i) the information to be published; and (ii) to whom it is to be published; and (iii) the reason for the publication; or - (i) the information to be published; and - (ii) to whom it is to be published; and - (iii) the reason for the publication; or - (c) the publication is— (i) a record of evidence of the proceeding made under the Recording of Evidence Act 1962 ; or (ii) a report made for the department or Queensland Police Service; or (iii) a report mentioned in the Criminal Law (Sexual Offences) Act 1978 , section 8 (1) ; or - (i) a record of evidence of the proceeding made under the Recording of Evidence Act 1962 ; or - (ii) a report made for the department or Queensland Police Service; or - (iii) a report mentioned in the Criminal Law (Sexual Offences) Act 1978 , section 8 (1) ; or - (d) the publication is— (i) for the purpose of an investigation into a complaint made by or on behalf of the relevant person about a relevant offence; and (ii) made by— (A) the police commissioner or, if the investigation is carried out by a public sector unit other than the police service, the chief executive of the public sector unit; or (B) a person authorised to make the publication by a person mentioned in sub-subparagraph (A); or Note— Also, see section 188A about the use of confidential information by police. - (i) for the purpose of an investigation into a complaint made by or on behalf of the relevant person about a relevant offence; and - (ii) made by— (A) the police commissioner or, if the investigation is carried out by a public sector unit other than the police service, the chief executive of the public sector unit; or (B) a person authorised to make the publication by a person mentioned in sub-subparagraph (A); or - (A) the police commissioner or, if the investigation is carried out by a public sector unit other than the police service, the chief executive of the public sector unit; or - (B) a person authorised to make the publication by a person mentioned in sub-subparagraph (A); or - (e) the publication is made for the purpose of preparing for or conducting any of the following in relation to a relevant offence— (i) an examination of witnesses; (ii) a trial; (iii) a proceeding on appeal arising from a trial; or Example for paragraph (e) — publication for the purpose of issuing a summons or subpoena in the preparation of a defence for a relevant offence - (i) an examination of witnesses; - (ii) a trial; - (iii) a proceeding on appeal arising from a trial; or - (f) the publication is permitted by a direction under section 194A or 194B . - (i) the information to be published; and - (ii) to whom it is to be published; and - (iii) the reason for the publication; or - (i) a record of evidence of the proceeding made under the Recording of Evidence Act 1962 ; or - (ii) a report made for the department or Queensland Police Service; or - (iii) a report mentioned in the Criminal Law (Sexual Offences) Act 1978 , section 8 (1) ; or - (i) for the purpose of an investigation into a complaint made by or on behalf of the relevant person about a relevant offence; and - (ii) made by— (A) the police commissioner or, if the investigation is carried out by a public sector unit other than the police service, the chief executive of the public sector unit; or (B) a person authorised to make the publication by a person mentioned in sub-subparagraph (A); or - (A) the police commissioner or, if the investigation is carried out by a public sector unit other than the police service, the chief executive of the public sector unit; or - (B) a person authorised to make the publication by a person mentioned in sub-subparagraph (A); or - (A) the police commissioner or, if the investigation is carried out by a public sector unit other than the police service, the chief executive of the public sector unit; or - (B) a person authorised to make the publication by a person mentioned in sub-subparagraph (A); or - (i) an examination of witnesses; - (ii) a trial; - (iii) a proceeding on appeal arising from a trial; or - (a) means information that identifies, or is likely to lead to the identification of, him or her as a relevant person; and - (b) includes— (i) the person’s name, address, school or place of employment; and (ii) a photograph or film of the person or of someone else that is likely to lead to the relevant person’s identification. - (i) the person’s name, address, school or place of employment; and - (ii) a photograph or film of the person or of someone else that is likely to lead to the relevant person’s identification. - (i) the person’s name, address, school or place of employment; and - (ii) a photograph or film of the person or of someone else that is likely to lead to the relevant person’s identification.