QLDIn ForceAct
Child Protection Act 1999
sec.194Publication of information identifying child victim
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### 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.